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Can I require employees to sign non-compete agreements in Missouri? What are the requirements?
Non-Compete Agreements in Missouri
In Missouri, non-compete agreements are generally enforceable if they are reasonable in scope and duration. However, there are certain requirements that must be met for a non-compete agreement to be enforceable.
Requirements for Enforceable Non-Compete Agreements
- Consideration: The employee must receive some form of consideration in exchange for signing the non-compete agreement. This can include a job offer, a promotion, or additional compensation.
- Reasonable Scope: The non-compete agreement must be reasonable in scope. This means that it must be limited to a specific geographic area and a specific type of work.
- Reasonable Duration: The non-compete agreement must also be reasonable in duration. In Missouri, non-compete agreements that last longer than two years are generally considered unreasonable.
- Legitimate Business Interest: The non-compete agreement must be designed to protect a legitimate business interest, such as trade secrets or customer relationships.
Exceptions
There are certain exceptions to the enforceability of non-compete agreements in Missouri. For example, non-compete agreements are generally unenforceable against employees who are terminated without cause. Additionally, non-compete agreements may be unenforceable if they are overly broad or if they are designed to prevent competition rather than protect a legitimate business interest.
Conclusion
In summary, non-compete agreements are generally enforceable in Missouri if they are reasonable in scope and duration, and if they are designed to protect a legitimate business interest. However, there are certain exceptions and requirements that must be met for a non-compete agreement to be enforceable. It is recommended that you consult with a legal professional to ensure that your non-compete agreement is enforceable.
[2.1][2.2][3.1][4.1][2.3][6.1]
Source(s):
- [2.1] Applications, Interim Operating Permits, and Forms
- [2.2] Proof of Positive Working Capital, Bonds, and Letters
- [3.1] General Provisions and Prohibitions
- [4.1] Application for Regis- tration of Business Associations
- [2.3] Disciplinary Actions
- [6.1] Unfair Practice in Gen- eral
Jurisdiction
Missouri