Wisconsin Non-Compete Agreement

Yes. Wisconsin enforces non-compete agreements under Wis. Stat. § 103.465 if they: (1) are in writing and signed, (2) are reasonably necessary to protect the employer's legitimate business interests, (3) are reasonable in duration, geographic scope, and restricted activities, and (4) are supported by adequate consideration. Courts may reform overbroad agreements.

Yes. Wisconsin courts apply the blue-pencil doctrine, allowing them to narrow an overbroad non-compete rather than voiding it entirely. Courts can reduce the geographic scope or duration to make the agreement reasonable. Draft carefully — an imperfect agreement may be enforced in a modified form.

Wisconsin courts generally uphold non-competes of 1–2 years. Terms of 3 years have been upheld in some cases for senior executives with access to highly sensitive trade secrets. The duration must be proportionate to the employer's legitimate interest in protecting its business.

For non-competes signed at the start of employment, the job offer itself is sufficient consideration. For existing employees, additional consideration is required — a raise, bonus, promotion, or other benefit. Courts scrutinize mid-employment non-competes without new consideration and may find them unenforceable.