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Navigating around a non-compete clause can be complex, and it is often best to consult a legal expert. In some cases, you might explore whether the clause is overly broad or unreasonable. Reviewing a Missouri Sample Noncompetition Agreement between two Businesses can provide insights on acceptable terms and possible grounds for negotiation or modification, ensuring you stay compliant while seeking opportunities.
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.
For Non-Competes obtained from newly hired employees, usually the agreement only needs to state that the employer's willingness to hire the employee is the value exchanged for the employee's agreement not to compete. For existing employees, however, additional consideration is required to make an agreement enforceable.
Neither shall you call on, solicit, take away, or attempt to call on, solicit, or take away any customer of the Company on whom You have called or with whom You became acquainted during the term of your employment, as the direct or indirect result of your employment with the Company.
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.
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.
solicitation agreement is a common contract clause that says if you work for a competitor, you won't solicit any business clients, bring over any employees, or use any confidential information connected to your current job. In other words, you can't use your old company contacts to help your new company.
Non-compete and non-solicitation agreements are written agreements between a key employee and the firm in which an employee agrees to not solicit a firm's clients or take certain information to a competitor for a specified period of time after his or her employment terminates.
California courts have already determined that non-disclosure and client/customer non-solicitation agreements are not valid or enforceable.
Stipulations. A non-competition agreement must adhere to the basic requirements of a valid contract. These essential elements include offer, acceptance and consideration. Both parties must have a mutual agreement to the terms of the contract, and both parties must provide consideration to seal the agreement.