Updated October 16, 2023
A Missouri non-solicitation agreement is a contract that establishes rules and limitations regarding the use of a business or an entity’s business relationships for one’s own benefit. It can exist between an employer and an employee, or between two business entities that work together or are undergoing an acquisition. It’s intended to protect business interests against competitors.
Is It Legally Enforceable in Missouri?
Yes — but the limitations cannot last more than one year, and they are not enforceable for employees whose duties are strictly clerical or secretarial.
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What Types of Solicitation Can Be Prohibited?
In Missouri, an employer can prohibit an ex-employee from soliciting, recruiting, or hiring the company’s:
- Former or current customers/clients
- Former or current employees
- Independent contractors
- Suppliers and other similar relationships
What Should Be Included in the Agreement?
A non-solicitation covenant typically outlines limitations with regard to:
1. Duration
The duration of the agreement determines the start and end dates that bind the individual to the restrictive terms. Under Missouri statute, a non-solicit covenant — similar to non-compete and non-disclosure agreements — cannot last for more than one year.
2. Geographic Area
This section specifies the location or area where the individual is not allowed to engage in the prohibited activities as part of the non-solicit agreement.
3. Prohibited Activities
The agreement must define the exact actions that the individual is restricted from engaging in, whether recruiting specific clients and employees or soliciting any and all business parties associated with the employer.
Related Forms
Missouri Non-Compete Agreement
Download: PDF, MS Word, OpenDocument
Missouri Non-Disclosure Agreement
Download: PDF, MS Word, OpenDocument