In this intervention and in future contributions, we will examine non-competition bans in Kansas and Missouri. Stay tuned for future updates! This is not to say that a non-compete clause will not apply in Kansas. On the contrary, Kansas courts generally do not infringe on the contractual freedom of an employer and a worker as long as the agreement is considered to be in a legitimate commercial interest. The above cases give a general idea of the types of competition agreements that the Missouri courts have upheld. In the end, each case is unique and the analysis is factual. Most non-competition prohibitions are enforceable in Kansas courts, and courts generally do not even deal with such cases. In summary, this decision reminds employers in Kansas (and elsewhere) that they should ensure that their agreements are tailored to the realities of their businesses and the particular circumstances of the employees concerned to ensure that competition restrictions are not tightened in order to protect the legitimate business interests of the employer. Please contact the member of the Non-Compete Practice Group De Jackson Lewis, with whom you are working to help prepare restrictive contractual agreements that can be implemented in accordance with the laws of your applicable country. In light of the above, the Court dismissed Servi-Tech`s application for omission with respect to the non-competition regime. On the other hand, the Court issued the injunction with respect to the client`s non-request, including Olson`s family members and long-standing personal contacts. Finally, the Court held that the two-year limitation of the non-solicitude clause should be from the date of Olson`s separation from Servi-Tech and not from the date of the decision to stop, which essentially repeals the toll provision in the agreement. In a recent decision on Kansas` non-compete ban, the United States District Court for the District of Kansas partially acceded to a company`s request to ensure that its former employee does not violate the non-compete clauses and non-compete clauses of its employment contract.
The decision in Servi Tech, Inc. /. Olson points to a number of key issues that Kansas employers should consider when making restrictive agreements. In Kansas, for example, a court will only apply a non-competition clause if, in the present circumstances, it is appropriate and does not harm the common good. In determining the appropriateness of a non-competition clause, the Kansas courts will consider whether it protects a legitimate commercial interest, whether it imposes an unreasonable burden on the worker, whether it violates the public, and whether there are appropriate time and territory restrictions. Employment contracts are used to describe the conditions of employment of workers, such as their wages. B, their obligations and other general aspects of their employment, such as group health benefits.B.