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Missouri Non-Compete Agreement Template

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Missouri Non-Compete Agreement Template

Updated January 18, 2023

A Missouri non-compete agreement is used by an employer to protect confidential information and trade secrets by former employees. A non-compete is legal for a period of 1-year and must be reasonably written to the employee. The limitations cannot go beyond what is necessary to protect the interests of the employer.

Legally Enforceable?

Yes, a non-compete is enforceable in Missouri if it is “no more restrictive than is necessary to protect the legitimate interests of the employer.”

Source: Healthcare Servs. of the Ozarks, Inc. v. Copeland (2006)

Secretarial or Clerical Services (prohibited)

Prohibited for persons hired for secretarial or clerical services.

Source: § 431.202(4)

Attorneys (prohibited)

Attorneys are prohibited from entering into a non-compete agreement that limits their ability to practice law.

Source: Mo. R. Gov. Bar Jud. 4-5.6

Continued Employment

Missouri holds that the continuation of employment is deemed to be sufficient consideration for a non-compete. The case involved an employee that worked for an additional 2 and a half years after signing a non-compete agreement.

Source: Comput. Sales Int’l, Inc. v. Collins (1986)

Maximum Term

1 year is the maximum duration allowed for a non-compete in Mississippi.

Source: § 431.202(4)

Blue Penciling

If a non-compete covenant is overbroad or unreasonable, a Missouri court may modify and enforce the reasonable parts.

Source: R. E. Harrington, Inc. v. Frick (1969)

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