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Non-Compete Laws in Kentucky

Kentucky courts will not enforce a non-compete signed during employment unless the employee received real consideration in return, such as a raise, promotion or specialized training; continued at-will employment alone was not enough in Creech v. Brown (2014).

Last checked . General information, not legal advice.

Kentucky at a glance

Status
Enforceable with real consideration (case law)
Under Charles T. Creech, Inc. v. Brown (Ky. 2014), a mid-employment non-compete failed because the employee's job did not change after signing.
Enforceable against employees
Only with adequate consideration

Sources

Last checked

The rules in Kentucky

Are employee non-compete agreements banned, restricted or enforceable in Kentucky?

Status in Kentucky: Enforceable with real consideration (case law). Under Charles T. Creech, Inc. v. Brown (Ky. 2014), a mid-employment non-compete failed because the employee's job did not change after signing.

Can an employer enforce a non-compete against an employee in Kentucky?

Only with adequate consideration. Enforceable against employees in Kentucky: only with adequate consideration.

Where do the Kentucky non-compete laws come from?

The rules above come from Charles T. Creech, Inc. v. Brown, 433 S.W.3d 345 (Ky. 2014). Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Read the restriction closely before signing. Note how long it lasts, the area it covers, which activities it bars and which state's law the contract says applies. A choice-of-law clause does not always control, because some states refuse to apply another state's law to their own residents or workers.

Salary thresholds are often adjusted every year for inflation. If a state uses a threshold, check the figure for the year the agreement was signed or is being enforced, and how the statute defines earnings.

A non-compete is different from a non-solicitation or confidentiality agreement. Many states that limit non-competes still allow narrower clauses that protect trade secrets or customer lists. An employment lawyer can explain how the rules apply to a specific agreement.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.