Is the Non-Compete Agreement Enforceable under Missouri law?
The determination of whether a non-compete agreement is unenforceable under Missouri law involves a highly fact-intensive analysis of the circumstances. Mr. Dolley commonly reviews geographical restrictions and time restrictions contained within non-compete agreements and advises clients as to whether or not the time and area restrictions in the agreement are reasonable under the circumstances. The circumstances of how the employee left a company may also play a role in whether or not the non-compete agreement is enforceable. If an employee is terminated without just cause, Missouri courts have found that the employer may not be able to enforce all or parts of a non-compete or restrictive covenant agreement against the employee.
