Updated December 02, 2022
A Mississippi non-solicitation agreement is an agreement between an employee and their employer that establishes restrictions on the employee’s right to seek out the employer’s clients, customers, contractors, and employees for their own business services. These restrictions have to be limited to a reasonable timeframe, geographic location, and associated services so as not to unnecessarily hinder the employee’s rights to conduct business elsewhere.
Is It Legally Enforceable in Mississippi?
Yes — but only if an employee was terminated voluntarily or with cause.
The agreement must place reasonable restrictions on geographic regions, time periods, confidential information, and proprietary procedures.
(Empiregas, Inc. v. Bain, 599 So.2d 971 (Miss. 1992), Redd Pest Control Co. v. Foster, 761 So.2d 967 (Miss. Ct. App. 2000)).
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What Types of Solicitation Can Be Prohibited?
A non-solicitation agreement can be customized to restrict a former employee from seeking out the employer’s:
- Former or current clients/customers
- Former or current employees
- Independent contractors
- Suppliers and other business associates
What Should Be Included in the Agreement?
The following sections are typically outlined in a non-solicit agreement:
1. Time Limit
This section specifies the start and end date of the covenant, during which the individual is prohibited from engaging in the restricted activities.
2. Geographic Location
This section describes the area or location where the individual is prohibited from engaging in the restricted activities.
3. Restricted Activities
This section explains the exact scope of what the individual is prohibited from doing as part of the agreement.
Related Forms
Mississippi Non-Compete Agreement
Download: Adobe PDF, MS Word, OpenDocument
Mississippi Non-Disclosure Agreement
Download: Adobe PDF, MS Word, OpenDocument