Are non-compete agreements enforceable in Missouri?
1. Baseline Rule. Mo. Rev. Stat. § 431.202 codifies the enforceability of covenants protecting confidential or trade-secret information AND customer/supplier goodwill. Outside those interests, common law from Healthcare Services of the Ozarks v. Copeland, 198 S.W.3d 604 (Mo. 2006), and Furniture Mfg. Corp. v. Joseph, 900 S.W.2d 642 (Mo. Ct. App. 1995), governs.
2. Reasonableness Factors. Reasonableness is judged on duration, geographic scope, and scope of activity restricted. Time periods of 1-2 years are typically enforced; geography must match the employer's actual market. Section 431.202 creates a conclusive presumption of reasonableness for durations of 1 year or less when protecting confidential information or goodwill.
3. Consideration. Continued at-will employment is sufficient consideration in Missouri.
4. Wage Thresholds. None.
5. Blue Pencil / Reformation. Missouri courts will modify overbroad covenants to make them reasonable, including narrowing time, geography, or scope.
6. Industry Carve-Outs. Section 431.202(2) makes covenants signed with "secretarial or clerical employees" generally unenforceable. Lawyers barred by Mo. RPC 5.6. Physicians: enforceable but scrutinized.
7. FTC Rule. Enjoined nationwide by Ryan LLC v. FTC (E.D. Tex. Aug. 2024); on appeal.
8. Garden Leave / Forfeiture-for-Competition. Permitted.
9. Choice of Law. Missouri courts apply Missouri law where another state's law conflicts with Missouri public policy.
This is legal information, not legal advice.
- You are a secretarial or clerical employee subject to a non-compete
- Your covenant exceeds 1 year and covers a broad geographic area
- Employer seeks injunctive relief in Missouri circuit court
- Mo. Rev. Stat. § 431.202
- Healthcare Services of the Ozarks v. Copeland, 198 S.W.3d 604 (Mo. 2006)
- Furniture Mfg. Corp. v. Joseph, 900 S.W.2d 642 (Mo. Ct. App. 1995)
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.