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Both Kansas and Missouri allow courts to modify the unreasonable parts of non-compete agreements. This is called the ?blue-pencil? rule. The blue-pencil rule allows courts to modify the overbroad parts of a non-compete without tossing the whole agreement.
On , Missouri lawmakers passed Senate Bill (SB) 103, limiting the time and scope of covenants between a business entity and an ?owner? in which the owner promises not to solicit or interfere with the business's employees and customers after the owner's relationship with the business ends.
§ 431.202 RSMo. This statute provides, among other things, a non-solicitation covenant between an employer and employee is presumed reasonable when it seeks to protect a protectable interest and ?its postemployment duration is no more than one year.? Id.
In Missouri, the elements of a valid contract are: An offer (see Offer). An acceptance (see Acceptance). Bargained for consideration (see Bargained for Consideration).
On , Missouri lawmakers passed Senate Bill (SB) 103, limiting the time and scope of covenants between a business entity and an ?owner? in which the owner promises not to solicit or interfere with the business's employees and customers after the owner's relationship with the business ends.
Non-Solicitation of Employees in Missouri. A non-solicitation of employees clause prevents former employees from leaving their jobs and then recruiting or hiring their former colleagues. This is often referred to as anti-raiding or anti-poaching.
Missouri also has "right to work" laws that prohibit union membership as a condition of employment. Like most states, Missouri labor laws require at least a minimum wage payment, prohibit discrimination, and allow employees to take leave from work when necessary.
Finally, Missouri non-compete agreements can prevent an employee, for a reasonable time, from working for a competitor or from otherwise competing with the employer. The geographic limitation related to such restriction must generally not be greater than the employer's trade area.