A Wisconsin non-compete agreement is a written document in which an employee or contractor agrees not to compete with an employer or principal, during the job or after it ends. Wisconsin decides whether that promise is enforceable under Section 103.465 of the Wis. Stat.[1] Create the agreement online with the FormsPal builder, then check each restriction against the rules below.
Last Updated: October 2026. This guide is reviewed and updated regularly to reflect current Wisconsin law. If you notice an error or outdated information, please contact us.
Build Your Document
Answer a few simple questions to make your document in minutes
Save and Print
Save progress and finish on any device, download and print anytime
Sign and Use
Your valid, lawyer-approved document is ready
Wisconsin sets the test for a covenant not to compete in Section 103.465 of the Wis. Stat. A covenant is lawful and enforceable only if the restrictions imposed are reasonably necessary to protect the employer or principal.[1] The statute covers a promise by an assistant, servant or agent not to compete with an employer or principal during the job or after it ends.
A covenant by an assistant, servant or agent not to compete with his or her employer or principal during the term of the employment or agency, or after the termination of that employment or agency, within a specified territory and during a specified time is lawful and enforceable only if the restrictions imposed are reasonably necessary for the protection of the employer or principal.
In plain words, the statute points to four things in the covenant itself:
Each of these restrictions must pass that same test.[1]
The statute describes a covenant that applies within a specified territory and during a specified time. Fill in both on your agreement.
Under Section 103.465, a covenant that imposes an unreasonable restraint is illegal, void and unenforceable. The statute says this holds even as to any part of the covenant or performance that would be a reasonable restraint.[1] The reasonable part of an overbroad covenant does not save it.
So an unreasonable restraint puts the whole covenant at risk, not only the excess. Review each restriction before you sign.
The FormsPal template includes a limitation clause that asks a court to reform an unreasonable covenant. Read that clause together with the rule above, and ask an attorney how the two fit together.
Agreements between an employer and a worker often combine several promises, and each one does a different job. A non-compete clause limits where an employee can work. A non-solicitation clause limits contact with the employer's staff, customers or vendors. A confidentiality clause limits what the employee can share.
The FormsPal template is a three-page agreement between an employee or independent contractor, called the Agent, and an employer, called the Company. You fill in names, addresses, dates and options instead of drafting every clause from scratch. The form says it is governed by the laws of Wisconsin.
Download the PDF and fill it in with the FormsPal PDF editor, or use the builder above. After you fill it in, compare the territory and time you chose with Section 103.465 above.
Need a different version? See the non-compete template for employees or the non-compete template for independent contractors.
Read the whole agreement before you sign, and check each restriction against the statute above. Look hardest at the territory and the time period, because those are the limits you accept. If the restriction affects how you earn a living, ask a licensed attorney to read it first.
They can be. Under Section 103.465 of the Wis. Stat., a covenant not to compete is lawful and enforceable only if its restrictions are reasonably necessary to protect the employer or principal.[1]
Check the restrictions first. The statute describes a covenant that applies within a specified territory and during a specified time, and the restrictions must pass the same reasonableness test.[1]
Yes, when its restrictions meet the statute's test. A covenant that fails the test is not lawful and enforceable.[1]
A covenant holds up only when it meets the statutory test. One that imposes an unreasonable restraint is illegal, void and unenforceable, even as to any part that would be a reasonable restraint.[1]
That depends on the restrictions:
Most non-compete agreements follow the same pattern. They name the parties, say what the worker agrees not to do, set a time and a territory, and end with signatures. The list below shows the sections many agreements include. These are common drafting choices, not Wisconsin requirements.
General information, not legal or tax advice.
Popular Local NCA Forms
Quite a few firms frequently choose to prohibit their workers from being employed by the the company’s competing firms after their relationship comes to an end. Different states have different restrictions and policies when it comes to non-compete clauses. Below are some of the most requested local NCAs looked up by the users of this site.
Other NCA Forms by State
