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Can a home care agency make caregivers sign a non-compete in Kansas?
Last verified October 17, 2026 · All Kansas resources
Generally enforceable if reasonable. Kansas has no statute limiting employee non-competes; courts enforce them if reasonable and tied to a legitimate business interest such as customer contacts. By statute, customer non-solicitation agreements limited to clients the employee worked with, and lasting up to two years, are presumed enforceable. There is no wage threshold, so these rules can apply to caregivers.
| Status | Generally enforceable if reasonable |
|---|---|
| Client non-solicitation | A written employee covenant not to solicit or service the employer's customers is conclusively presumed enforceable if limited to material contact customers and no longer than two years after employment ends. The same presumption applies to employee non-solicitation of co-workers for up to two years. Employees may still raise legal and equitable defenses. |
| Statute | K.S.A. 50-163 |
| Latest change | 2025-07-01 |
What about a client hiring your caregiver directly?
That is usually handled in the client service agreement, not the caregiver's contract: some agencies charge a placement or conversion fee if a client hires a caregiver directly. Whether that clause is enforceable is a contract question, so have a local employment lawyer review it.
What should you confirm?
The non-compete reasonableness test comes from Kansas case law summarized in a law firm survey.
General information, not legal advice.
Sources
More for Kansas
Non-compete rules by state: other states
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