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By Janet A. In California, North Dakota, the District of Columbia, and Oklahoma, non-competes are either entirely or largely unenforceable as against public policy. Other states, including Maine, Maryland, New Hampshire, Rhode Island, and Washington, have banned non-compete agreements for low-wage workers.
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...
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
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.
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
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.
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.