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Non Solicitation Agreement Kansas

Non-Solicitation Agreement in Kansas: Everything You Need to Know

In the state of Kansas, non-solicitation agreements are legal and enforceable. These agreements are used by employers to protect their business interests and prevent former employees from soliciting their customers or clients. A non-solicitation agreement is a contract that prohibits an employee from soliciting clients or customers of their former employer for a certain period of time after leaving the company.

What is a Non-Solicitation Agreement?

A non-solicitation agreement is a legal contract that restricts an employee from soliciting the clients or customers of their former employer for a specified period of time. These agreements are commonly used in industries where customer relationships are critical to the success of the business, such as sales, marketing, or consulting.

Non-solicitation agreements are different from non-compete agreements, which generally prevent an employee from working for a competitor in the same industry or market. Non-solicitation agreements are more limited in scope and only restrict the employee from contacting certain clients or customers of their former employer.

Are Non-Solicitation Agreements Legal in Kansas?

Yes, non-solicitation agreements are legal and enforceable in Kansas. However, the courts in Kansas will only enforce a non-solicitation agreement if it is reasonable in scope and duration. A non-solicitation agreement that is too broad or too long may be deemed unenforceable.

What are the Requirements for a Valid Non-Solicitation Agreement in Kansas?

To be valid in Kansas, a non-solicitation agreement must meet the following requirements:

1. The agreement must be in writing and signed by the employee.

2. The agreement must be supported by adequate consideration. This means that the employer must give the employee something of value in exchange for signing the agreement, such as a bonus, promotion, or continued employment.

3. The scope and duration of the agreement must be reasonable. The agreement must only prohibit the employee from soliciting certain clients or customers of their former employer and must not be too broad or overly restrictive.

What Should Employers Include in a Non-Solicitation Agreement?

To create an effective non-solicitation agreement, employers should include the following provisions:

1. The scope of the agreement – This should clearly define the clients or customers that the employee is prohibited from soliciting.

2. The duration of the agreement – This should specify the length of time that the employee is prohibited from soliciting the clients or customers.

3. Remedies for breach – This should describe the consequences that will result if the employee violates the agreement, such as injunctive relief or monetary damages.

4. Confidentiality provisions – This should require the employee to maintain the confidentiality of the employer`s trade secrets, confidential information, and other proprietary information.

5. Governing law and jurisdiction – This should specify the law that will govern the agreement and the jurisdiction where any disputes will be heard.

Conclusion

In conclusion, non-solicitation agreements are legal and enforceable in Kansas. Employers should carefully draft these agreements to ensure that they are reasonable in scope and duration and are supported by adequate consideration. Employees should also review these agreements carefully before signing them to ensure that they understand their obligations and the consequences of a breach. If you have any questions about non-solicitation agreements in Kansas, consult with an experienced employment law attorney.