Missouri Noncompetition Agreement - Small Business
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How to fill out Noncompetition Agreement - Small Business?
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FAQ
compete clause is not legally enforceable unless it is reasonable. Whether or not it is reasonable should, under current law, be decided by reference to the circumstances at the time it was entered into.
Non-compete agreements are typically considered enforceable if they: Have reasonable time restrictions (generally less than one year) Are limited to a certain geographic area (specific cities or counties, rather than entire states)
Under Missouri law, the purpose of enforcing a noncompete agreement is to protect an employer from unfair competition by a former employee without imposing an unreasonable restraint on the latter. Indeed, a noncompete in Missouri is only enforceable to the extent that it is reasonable and no more restrictive than is
Considerable precedent in Missouri supports the reasonableness of a non-compete lasting between one, and sometimes up to two years, which is otherwise drawn narrowly to protect the employer's legitimate interests.
Typically, the only way to fight a non-compete agreement is to go to court. If you are an employee (or former employee) who signed such an agreement, this means you must violate the agreement and wait to be sued. It may be that your former employer has never sued another employee to enforce the non-compete agreement.
You Can Void a Non-Compete by Proving Its Terms Go Too Far or Last Too Long. Whether a non-compete is unenforceable because it covers too large of a geographical area or it lasts too long can depend on many factors. Enforceability can depend on your industry, skills, location, etc.
Here are five ways to beat a non-compete agreement.Prove your employer is in breach of contract.Prove there is no legitimate interest to enforce the non-compete agreement.Prove the agreement is not for a reasonable amount of time.Prove that the confidential information you had access to isn't special.More items...
Missouri courts have long recognized that non-compete agreements are enforceable, but only to the extent they are reasonable as to geographic scope and duration, and are reasonably designed to protect the company's legitimate business interests.