§ 1. Governing Statutory & Common Law Authority
The enforceability of non-competition agreements in Missouri is governed by Mo. Rev. Stat. § 431.202. Non-competes enforceable if reasonable in scope, geography, and duration. Missouri has a specific statute permitting enforcement.
§ 2. Compensation Threshold Requirements
Missouri does not impose a minimum salary threshold for non-compete enforceability. This means non-competes may be enforced against employees at any income level, including hourly and part-time workers.
§ 3. Temporal Limitations on Post-Employment Restrictions
Missouri does not codify a maximum duration. Courts generally uphold 1-2 years. In practice, 1-2 years is generally considered the outer limit of reasonableness, though outcomes vary significantly based on the employee's role and access to trade secrets.
§ 4. Judicial Modification (Reformation Doctrine)
Missouri follows the reformation doctrine, granting courts broad authority to rewrite overbroad non-compete terms. This is the most employer-favorable approach — even a poorly drafted agreement may be reshaped into an enforceable restriction.
§ 5. Statutory Exemptions & Carve-Outs
Missouri law exempts certain workers from non-compete enforcement:
- Secretaries of state (statutory)
§ 6. Consideration & Contract Formation
Continued employment generally sufficient for at-will employees. Whether this is legally sufficient — especially for agreements presented mid-employment rather than at hiring — is frequently contested.
§ 7. Effect of Involuntary Termination
Courts consider but do not automatically void. Courts may apply heightened scrutiny when the employer initiated the termination, particularly for termination without cause or mass layoffs.