Wisconsin non compete law restricts non competes by statute: wisconsin enforces a covenant not to compete, during or after employment, only if the restrictions are reasonably necessary to protect the employer; any covenant that imposes an unreasonable restraint is illegal, void and unenforceable even as to the parts that would have been reasonable — the all-or-nothing rule the Wisconsin Supreme Court also applies to employee non solicits.
This guide gives the exact Wisconsin non compete law rule with the date we verified it, the threshold and carve-outs where they exist, what a court does with an overbroad term, and what to do if you signed one. Rules verified against the statute on 2026-10-08; confirm the current rule with Wisconsin Department of Workforce Development, Equal Rights Division or an attorney before you rely on it.
Wisconsin Non Compete Law at a Glance
| Status | Restricted by statute |
| Income threshold | No earnings threshold |
| Statute | Wis. Stat. 103.465 |
| Notice / consideration | No statutory notice rule |
| Carve-outs | None in statute |
| Overbroad terms | void — no blue pencil: one unreasonable restriction voids the whole covenant (103.465), though other covenants in the same contract can survive |
| In effect since | 103.465 in force since 1957, last amended 2015; 2023 bills AB 481 / SB 566 to void post-employment non competes did not pass |
In This Wisconsin Non Compete Law Guide:
Is a Non Compete Enforceable Under Wisconsin Non Compete Law?
Wisconsin enforces a covenant not to compete, during or after employment, only if the restrictions are reasonably necessary to protect the employer; any covenant that imposes an unreasonable restraint is illegal, void and unenforceable even as to the parts that would have been reasonable — the all-or-nothing rule the Wisconsin Supreme Court also applies to employee non solicits. The statute is Wis. Stat. 103.465.
Wisconsin Non Compete Law at a Glance
Rules verified against the statute on 2026-10-08; confirm the current rule with Wisconsin Department of Workforce Development, Equal Rights Division or an attorney before you rely on it. The statute row is where to check it yourself.
| Status | Restricted by statute |
| What the rule says | Wisconsin enforces a covenant not to compete, during or after employment, only if the restrictions are reasonably necessary to protect the employer; any covenant that imposes an unreasonable restraint is illegal, void and unenforceable even as to the parts that would have been reasonable — the all-or-nothing rule the Wisconsin Supreme Court also applies to employee non solicits. |
| Income threshold | No earnings threshold |
| Statute | Wis. Stat. 103.465 |
| What a court does with an overbroad term | void — no blue pencil: one unreasonable restriction voids the whole covenant (103.465), though other covenants in the same contract can survive |
| In effect since | 103.465 in force since 1957, last amended 2015; 2023 bills AB 481 / SB 566 to void post-employment non competes did not pass |
The Reasonableness Test Under Wisconsin Non Compete Law
Wisconsin courts read non competes narrowly and in the worker’s favor. They generally enforce one only if it passes every part of a five-part test. The restriction must be needed to protect a real employer interest, such as customer relationships or confidential information, and its time limit and geographic area must both be reasonable. It also can’t be unfairly harsh on the worker or go against public policy.
If any one part fails, the whole covenant generally fails.
Courts have often upheld limits of up to about 2 years that cover only the customers or territory the worker actually handled. They have often struck down nationwide limits, bans on any work for any competitor, and restrictions reaching customers the worker never dealt with.
With an overbroad term the court will void — no blue pencil: one unreasonable restriction voids the whole covenant (103.465), though other covenants in the same contract can survive.
Wisconsin Non Compete Law If You Were Fired or Laid Off
The Wisconsin statute treats a worker who was fired or laid off the same as one who quit. A court may still consider how the job ended when it decides whether enforcement would be unfairly harsh, so confirm with an attorney how this applies to you.
What the Employer Must Give Under Wisconsin Non Compete Law
In Runzheimer International v. Friedlen (2015), the Wisconsin Supreme Court held that an employer can use continued at-will employment as payment for a non compete signed by a current worker. A worker may still challenge the agreement if the employer had no real intent to keep them and fired them soon after signing.
Non Solicit and Non Disclosure Agreements Under Wisconsin Non Compete Law
Wisconsin applies the same strict reasonableness test to customer non solicits, employee non solicits and confidentiality agreements as to non competes. The Wisconsin Supreme Court confirmed this for employee non solicits in Manitowoc Co. v. Lanning (2018). A narrowly written non solicit may be easier to enforce than a broad non compete, but an overly broad one can fail completely.
If You Already Signed One: Wisconsin Non Compete Law in Practice
Find your signed agreement and read the exact limits: how long it lasts, what area it covers, and which jobs or customers it names. Check whether it says it applies no matter how the job ended.
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Because Wisconsin courts generally won’t cut down an unreasonable covenant to a reasonable size, you can ask your former employer for a written release and have a Wisconsin employment attorney review the agreement before you accept a new offer.
An employer may ask a Wisconsin court for a temporary or permanent injunction to stop competing work, and may also seek money damages for losses it can prove. Attorney fees are generally awarded only if the agreement itself provides for them.
The Federal Rule and Wisconsin Non Compete Law
The Federal Trade Commission adopted a nationwide non compete ban in 2024, but a federal court blocked it before it took effect and the FTC later withdrew its defense; as of October 2026 there is no federal ban in force, so Wisconsin non compete law controls.
Two 2025 bills would have restricted non competes: Assembly Bill 567 would have voided most of them, and Senate Bill 657 would have limited them for certain health care workers. Both failed when the 2025-2026 legislative session ended on March 23, 2026, so Wisconsin non compete law is unchanged by those proposals.
Other Wisconsin Non Compete Law Rules to Know
Wisconsin follows an “all-or-nothing” rule. A court will not rewrite or trim an unreasonable restriction to make it enforceable, so if one part of a covenant is unreasonable, that entire covenant is void, including any reasonable parts. In Star Direct v. Dal Pra (2009), the Wisconsin Supreme Court held that separate covenants that can stand on their own may each be judged on their own merits.
Think your employer owes you money or broke the law?
A non compete is a contract question, and the answer turns on your own agreement’s words. Your state bar runs a lawyer-referral service that connects you with an employment attorney for a short, low-cost first consultation — find it through the American Bar Association referral directory. Free legal aid may also help if your income qualifies.
Wisconsin — the bottom line
- Wisconsin non compete law is a statute with its own limits — the first thing to check is which side of the line your agreement falls on.
- Under Wisconsin non compete law, an overbroad term is void — no blue pencil: one unreasonable restriction voids the whole covenant (103.465), though other covenants in the same contract can survive — the words of your own agreement decide more than the headline rule.
- Wisconsin non compete law does not stop you from taking a new job in a different field or outside the restricted area — read the scope before you turn an offer down.
Frequently Asked Questions
Are non competes enforceable in Wisconsin?
Sometimes. Wisconsin enforces a covenant not to compete, during or after employment, only if the restrictions are reasonably necessary to protect the employer; any covenant that imposes an unreasonable restraint is illegal, void and unenforceable even as to the parts that would have been reasonable — the all-or-nothing rule the Wisconsin Supreme Court also applies to employee non solicits.
Is there an income threshold under Wisconsin non compete law?
No. Wisconsin has no earnings threshold; enforcement turns on whether the agreement is reasonable.
What does a Wisconsin court do with an overbroad non compete?
Void — no blue pencil: one unreasonable restriction voids the whole covenant (103.465), though other covenants in the same contract can survive.
Can my employer enforce a non compete in Wisconsin after firing me?
The Wisconsin statute treats a worker who was fired or laid off the same as one who quit. A court may still consider how the job ended when it decides whether enforcement would be unfairly harsh, so confirm with an attorney how this applies to you.
I signed a non compete in Wisconsin and have a new offer — what should I do?
Find your signed agreement and read the exact limits: how long it lasts, what area it covers, and which jobs or customers it names. Check whether it says it applies no matter how the job ended.
Official Wisconsin Sources & Resources
- Wisconsin Department of Workforce Development, Equal Rights Division: https://dwd.wisconsin.gov/er/laborstandards/
- Wisconsin non compete statute (Wis. Stat. 103.465): https://docs.legis.wisconsin.gov/statutes/statutes/103/465
- Verified source: https://docs.legis.wisconsin.gov/2023/related/proposals/ab481
- U.S. Department of Labor, Wage and Hour Division — state payday requirements: dol.gov
- Federal Trade Commission — the non compete rule (status): ftc.gov
- Wisconsin bar lawyer referral: https://www.wisbar.org/forPublic/INeedaLawyer/Pages/lris.aspx
This Wisconsin non compete law guide was last verified against official Wisconsin sources in October 2026. Rules change — confirm the current figure with the state agency or a licensed attorney.
More Wisconsin Workplace Rights Guides
- Wisconsin Final Paycheck Law: Deadlines and Penalties
- Wisconsin Wrongful Termination Laws: When a Firing Is Illegal
- Wisconsin At Will Employment Law: The Exceptions
- Wisconsin Labor Laws: Every Rule in One Place
- Unemployment and Workplace Rights Guides for All 50 States
Disclaimer: This guide is general information, not legal or financial advice. My Unemployment Rights is an independent educational resource, not a government agency and not a law firm. Final-paycheck deadlines, penalties and non compete rules change — every figure here carries the date we verified it. Confirm the current rule with your state labor department or a licensed attorney before you act.