Kansas Non-compete Agreement Template
An employer in Kansas may ask you to complete and sign a non-compete agreement. The paper requires you not to work in organizations that compete with the company you are currently working for. It does not oblige you to refuse to cooperate with your company’s competitors forever, as it is valid for a certain period in a certain area. The document specifies the terms of the prohibition to work for competing firms, so it is important to get acquainted with the general structure and details before signing the form.
The Purpose of the Non-compete Agreement in Kansas
Legally speaking, the agreement is one of the varieties of an employment contract. Its purpose is to limit the employee’s ability to cooperate with other firms to avoid leakage of data important for the company’s development.
A well-written agreement achieves a balance between the employee’s possible unprincipled attitude to the data and their right to continue working in the industry after leaving the company. The final decision on the legality of the agreement is made by the court. Taking into account the type of activity and the size of the company, the judge determines whether the requirements for the duration and geographical area are adequate.
Examples of Non-Disclosure of Information
Each company defines its conditions for non-disclosure of information, depending on the type of activity and the number of employees.
We can identify the most frequent cases when the management needs to draw up the paper:
- The preservation of commercial secrets
- Non-disclosure of confidential business data
- Losing customers for another company
- Contacts of employees with clients
- Interaction with participants of partner programs
- The company’s reputation in the market.
All these cases are reduced to one concern of the management that the company’s private information can become available to competitors and they will be able to use it against the company. Management has no right to restrict the rights of employees more than for the sake of this interest.
Legal Justification of the Agreement in Kansas
There are no laws or official standards in Kansas that directly define the content and form of the non-compete agreement. The general requirement is that the agreement must not contradict the Labor Code, which is established under the Public Employer-Employee Relations Act. These documents should not interfere with the general well-being of business and other companies’ development.
The Kansas labor law also protects the rights of an employee when using the non-compete agreement. The purpose of the form is to preserve the commercial secrets and confidential data of the company. Therefore, no company can require any non-disclosures beyond these aspects. This principle regulates the reasonableness of the company’s terms in non-compete agreements. Special rules apply to employees whom the state considers as extremely necessary for the development of the economy, and therefore do not limit their employment in different companies. In Kansas, accountants can change their place of work without restrictions on terms and location.
The non-compete agreement must be beneficial to both parties. According to the Kansas court’s decision, the offer of initial or long-term cooperation is the beneficiary of the employee. If the court finds the employer’s claims unfounded in terms of the duration, industry, or geographical scope of the agreement, it declares the document invalid. Thus, the rights of an employee and an employer are determined by the labor law and the court decision.1. Introductory Declaration
The first paragraph defines the purpose, that is, what is required from the signatory of the agreement. The company name and the employee’s name are indicated here.2. Checklist
The second part of the form defines the areas of non-disclosure of information that the company and the employee have agreed on. You need to check the box in those areas that are confirmed by this agreement. Ignored points will not be taken into account when considering the document in controversial situations.3. The Period
Here you can set the period of validity of the document. It begins from the moment of signing the form or from any other calendar date, depending on the agreement with the management.4. The Possibility of Easing the Conditions
In some cases, the employee may pay the company to cancel the agreement. If the company’s rules allow this option, this section sets the amount of money.5. The Region
This part lists the areas of Kansas where the employee cannot be employed according to the rules of the agreement.6. Entire Agreement and Signatures
After filling out the main sections, the employee carefully reads the information above to confirm that they understand all the conditions and agree to them. Then both parties sign the agreement on the same day. For the employer and the employee, the corresponding areas are highlighted at the end of the document so that they can write their names and put signatures and the date.
Since the terms of the non-compete agreement determine your future for several years ahead after leaving the company, carefully consider your plans and think through all the pros and cons. The court may decide to prohibit you from working in Cheyenne County or even Kansas companies, so you will have to move to find a job. Remember that the agreement is signed at the time of hiring, so the employer cannot force you to fill it out in the middle of your work at the company. If you assume that the agreement should be in your industry, ask the employer in advance about the conditions of non-competition in the market.