St. Louis Non-Compete Agreement Attorneys

When Is a Non-Compete Agreement Enforceable in Missouri?

In Missouri, the enforceability of non-compete agreements hinges on several legal criteria designed to protect both the employer's business interests and the employee's right to work. For a non-compete agreement to be enforceable in the state, it must be reasonable in scope, geography, and duration. The courts evaluate these factors to assess whether the agreement imposes an undue hardship on the employee or interferes excessively with the public interest. More specifically, the limitations must align with the employer's legitimate business needs, such as protecting trade secrets, confidential information, or customer relationships that would damage a competitive advantage if disclosed.

Missouri courts also look for evidence that the employer is acting in good faith and with fair intentions, meaning the non-compete agreement serves an authentic protective purpose and is not merely a tool to punish a former employee or restrict competition unjustifiably. The courts may consider whether an employee was terminated with or without cause and whether their professional specialty is a unique one that is important to the community they serve.

Your non-compete agreement is likely to be deemed unenforceable in Missouri if it fails to meet these reasonableness standards. Agreements that impose excessive restrictions on your ability to find work or that lack clear, justifiable goals could be contested in court. Further, if the agreement restricts your engagement in activities that do not directly compete with the former employer’s business or if the geographic and temporal constraints are overly broad without corresponding necessity, the court might reject such terms.

Are you not sure if the non-compete can really be enforced? Our knowledgeable St. Louis non-compete agreement attorneys can carefully evaluate your situation and provide honest advice. We are prepared to represent you and enforce your rights if your employer is suing you or threatening to sue you for violating an unenforceable non-compete. 

The Legal Process of a Non-Compete Lawsuit

When you voluntarily or involuntarily leave a job in which you signed a non-compete, your now-former employer will likely remind you of the terms during the exit process. You will almost certainly start looking for other opportunities, some of which may be in the same industry and geographic area. Upon learning of a potential job transition that is perceived as a violation of your non-compete, your former employer may issue a cease-and-desist letter that urges you to refrain from pursuing the new role. They may even threaten to initiate a lawsuit if they believe you are disregarding the terms of your non-compete agreement. 

While these letters can be intimidating, they do not necessarily mean your employer is in the right or that the non-compete is enforceable, but it is in your best interest to get legal advice before proceeding. Our team at Sedey Harper Westhoff can help you understand your rights and what the legal process will look like should you accept the new job and if your former employer decides to sue. Note that you will also need to inform your prospective employer of the non-compete as early as possible and provide them with a copy of the agreement. 

In some cases, retaining an experienced employment lawyer will deter an employer from suing. In initial negotiations with your former employer, we can explain the nature of your new position and how it does not violate the terms of your non-compete. Alternatively, we can review how the agreement is likely to be found unenforceable.

If your former employer decides to sue, they will file a formal complaint with the court alleging that you violated the terms of your non-compete agreement. A discovery phase will ensue in which both sides will collect and exchange evidence to build their cases. As your legal representatives, we will work with you to gather documentation like emails, contracts, or any other communications that might support your position. We will also seek information from your former employer that demonstrates the necessity and fairness of the restraints imposed. 

If your case cannot be settled out of court, it will go to trial. In court, we may pursue one of several arguments, depending on your specific circumstances. We may present evidence that your non-compete agreement is either unreasonable or unenforceable, that the geographic or temporal restrictions are too broad, or that the business interests your former employer seeks to protect are not legitimate or clearly defined. 

The court will evaluate whether the non-compete agreement imposes an unfair burden on you, the employee, by preventing you from earning a livelihood in your chosen field. Factors like your ability to secure alternative employment without infringing the agreement, the availability of similar opportunities elsewhere, and the specific tasks or knowledge you have carried over to a competing business will be considered. The judge may also scrutinize whether enforcing the agreement serves a genuine business necessity or merely acts as a punitive measure against competition.

The lawsuit could conclude with a settlement, where both parties agree to modify the terms of the agreement, reduce its restrictions, or reach a financial arrangement. Alternatively, the case may go to judgment, resulting in the court ruling in favor of either upholding or nullifying the non-compete agreement. 

Our St. Louis non-compete agreement lawyers understand how to successfully advocate for employees in these scenarios. We are familiar with how Missouri courts adjudicate these cases and can leverage our knowledge to fight for a favorable outcome.