Non-compete contracts are enforceable if they are reasonable, meaning they can be “no more restrictive than is necessary to protect the legitimate interest of the employer.” Healthcare Servs. of the Ozarks, Inc. v. Copeland, 198 S.W.3d 604, 610 (Mo. 2006). Therefore, a non-compete contracted must be limited geographically and temporally. Id. What constitutes a “legitimate…
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Computer Tampering, Trade Secrets
One common area of business disputes is to what extent non-compete, non-solicitation and confidentiality provisions are enforceable and valid when an employee leaves an employer. Related disputes pertaining to whether an employee breaches his or her duty of loyalty by going beyond merely preparing to leave and engages in direct competition are also common. This…
Non-Solicitation Agreements & Contracts
Restrictive convenants — non-compete agreements, non-solicitation, agreements, etc. — are typically only valid to the extent they protect legitimate employer interests. An employer has a legitimate interest in customer contacts because “the influence an employee acquires over his employer’s customers through personal contact.” Scchmersahl, Treloar & Co. v. McHugh, 28 S.W.3d 345, 349 (Mo. Ct. App. 2000)….