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Barrister
Barrister, Lawyer
Category: Employment Law
Satisfied Customers: 33802
Experience:  15 years practicing attorney
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I have been asked to sign a non compete after i have worked

Customer Question

I have been asked to sign a non compete after i have worked at a daycare for 6 months and i put in my resignation. Is that legal?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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Have you actually signed the non-compete?
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Or are they just pressuring you to do so?
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What does the non-compete state that you are not allowed to do specifically?
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thanks
Barrister
Customer: replied 1 year ago.

I have signed it about 2 weeks ago. It restricts me from working in a 20 mile radius for any other daycare for 18 months

Expert:  Barrister replied 1 year ago.
Ok, Kansas courts generally will not interfere with a contract between an employee and employer and will enforce non-competes under certain circumstances.
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So yes, it was legal for them to ask you to sign the non-compete. You didn't have to, but if you did, it might be enforceable...
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An analysis of whether a non-compete provision in an employment contract is reasonable depends upon the following factors:

1. Whether the covenant protects a legitimate interest of the employer;

2. Whether the covenant creates an undue burden on the employee;

3. Whether the covenant is injurious to the public welfare; and

4. Whether the time and limited territorial limitations are reasonable.

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With that said, if this is to prevent you from working in the day care industry, and you don't have any confidential information or trade secrets that are protected by the employer, I think this would be hard to enforce.
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The reason is that this on its face looks like an unreasonable restriction on free trade and your right to seek employment. I can't imagine that you have any confidential or secret information that could be used to compete with the employer and being prohibited from working in the daycare industry for 18 months in a 20 mile radius would likely be ruled to be an "undue burden" on you meant strictly to prevent competition and possibly to penalize you. Further, the need for daycare is a public need, so restricting the public's access to your services would likely be considered "injurious to the public welfare".
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That doesn't mean that the employer couldn't file suit against you and try to enforce the agreement, or that you wouldn't have to defend any suit. It just means that I would opine that you would win if you challenged the noncompete on the grounds above.
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But realistically, considering the thousands it would cost to hire an attorney to pursue this for the employer, I find it unlikely that they would actually take this to court just to try to prevent you from working for a day care employer.
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thanks
Barrister