Non-Solicitation Agreements in Kansas: What Courts Require
Kansas Common Law on Non-Solicitation Clauses
Kansas does not have a specific statute governing non-solicitation agreements. Courts evaluate enforceability under common law, applying principles established in cases such as Eastern Distribution Co. v. Flynn and Weber v. Tillman. Kansas courts generally view restrictive covenants with skepticism and strictly construe them against the employer.
Enforceability Factors
Kansas courts apply a reasonableness test that examines:
- Protectable interest: The employer must demonstrate they are protecting customer relationships, goodwill, trade secrets, or confidential information
- Reasonable duration: Courts have upheld restrictions ranging from one to two years, depending on the industry and the employee's level of access to protected information
- Reasonable scope: The clause must target specific customers or accounts with which the employee had direct dealings
- Not unduly burdensome: The restriction should not prevent the employee from earning a livelihood
- Consideration: Kansas courts have generally accepted continued employment as adequate consideration, though this area of law continues to evolve
Strict Construction Against the Employer
Kansas courts interpret ambiguities in restrictive covenants against the party seeking enforcement (the employer). This means vague or poorly drafted non-solicitation clauses are more likely to be found unenforceable. Additionally, Kansas has not broadly adopted the judicial reformation doctrine, so courts may strike down an overbroad clause entirely rather than rewrite it.
Red Flags
- Ambiguous language about what constitutes "solicitation"
- No limitation on which customers are covered
- Duration exceeding two years
- A clause that would prevent you from accepting business from clients who contact you first
- No defined list of restricted customers or accounts
When to Consult a Lawyer
Consider reaching out to a Kansas employment attorney if you have a non-solicitation clause with ambiguous terms, if you are planning to start a competing business and want to understand your restrictions, or if your former employer is asserting that your new employment violates a non-solicitation agreement.
This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance specific to your situation.