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In Missouri, a non-compete agreement is a legal employment agreement using restrictive covenants between an employer and an employee that outlines the limitations that an employee or independent contractor will face once their employment relationship comes to an end. The purpose of such agreements is to protect legitimate business interests such as customer contacts, the employer's customer lists, intellectual property, supplier relationships, and other sensitive legitimate interests of the employer. In addition to a non-competition agreement being a stand-alone contract, a non-compete clause may also be part of an employment contract.
Before writing a non-compete agreement, a Missouri business owner should seek legal counsel from a law firm practicing employment law. The choice of a lawyer is an important decision and one that should be made with care. This page is for informational purposes only, whereas an attorney can review your non-compete agreement to determine the enforceability of the agreement in the event that you must take your former employee to Missouri court. It is particularly important to gain legal advice if your business operates in St. Louis or Kansas City since it may not only be Missouri law that needs to be considered.
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In Missouri, non-compete agreements may be written to protect the legitimate interests of the employer. They must be reasonable in both time limits as well as geographic areas (absent of a legitimate business interest, they can last no longer than one year). They may not be unreasonably burdensome on the employee. There are limits on how these agreements may be used with secretaries and clerks.
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To write a Missouri non-compete agreement, review the state law. Consider seeking legal advice as well. Include the following clauses:
Both parties must sign and print their names. The signatures must be dated. Each party should receive a copy of the executed agreement for their records.
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