Will a court uphold a noncompete agreement in Wisconsin?

A Wisconsin court will only enforce a noncompete agreement or provision if it:

(1) is reasonably necessary for the protection of legitimate interests of the employer as recognized by the courts;

(2) has a reasonable time restriction;

(3) has a reasonable geographic or activities restriction;

(4) does not preclude the employee from earning a living; and

(5) is not contrary to public policy, including unnecessarily impeding the mobility of workers or depriving a community of a needed service.

If a Wisconsin court finds that a noncompete provision imposes an unreasonable restraint on trade, the entire provision will be found to be illegal, void and unenforceable even as to parts of the provision that standing alone would be reasonable if the court finds the provision indivisible.