Legally Enforceable?
Yes, a non-compete is legal in Mississippi if it doesn’t grant “unfair competition by an ex-employee as well as by unreasonable oppression by an employer.”[1]
No attorney in Mississippi may enter into a non-compete that restricts their rights to practice law after the termination of an agreement.[2]
Continued employment has been ruled as sufficient consideration by the Supreme Court of Mississippi.[3]
Blue Penciling
A court in Mississippi may apply a “blue pencil” approach to a non-compete covenant that is unenforceable and enforce its reasonable terms.[6]
Sources
- Texas Road Boring Co. of Louisiana-Miss. v. Parker (1967)
- Miss. R. Prof’l. Cond. 5.6
- Frierson v. Sheppard Bldg. Sup. Co. (1963), Raines v. Bottrell Insurance Agency, Inc. (2008)
- Herring Gas Co., Inc. v. Magee (1993)
- Redd Pest Control Co. v. Heatherly (1963)
- Hensley v. E. R. Carpenter Co., Inc. (1980)