Missouri Non-Solicitation Agreements

Understanding Missouri Non-Solicitation Law

Considering that non-solicitation agreements are customary in many industries, understanding such agreements is important to employers and employees alike. Just as an employer may bring a claim for breach of a non-solicitation agreement, an employee may need to defend against such a claim.  Attorney Kevin J. Dolley has extensive experience working with employers, employees, management and executives on non-solicitation issues in Missouri. Mr. Dolley is available to speak with you directly regarding a non-solicitation matter at (314) 645-4100.

What Exactly is Covered by a Non-Solicitation Agreement?

In Missouri, courts draw a distinction between non-compete and non-solicitation agreements. A non-solicitation agreement may be enforceable even while a non-compete agreement may not be enforceable if the employee's discharge is without good cause. Property Tax Representatives, Inc. v. Chatam, 891 S.W.2d 153, 157 (Mo.App. 1995).

Under R.S.Mo. §431.202, an enforceable covenant promising not to solicit, recruit, hire, or otherwise interfere with former employer's employees must be 1) reasonable, 2) in writing, and 3) not a restraint on trade. Such an agreement between employer and employee may include (a) confidential or trade secret information, (b) customer relationships, loyalty, or goodwill, or (c) any restrictive covenant lasting up to one year post employment, so long as it does not apply to employees providing secretarial or clerical services.

With respect to customer relationships, a former employee may not use relationships with clients for the benefit of himself or a competitor, to the former employer's detriment. Chatam, 891 S.W.2d at 158. This includes any contacts with clients and knowledge of clients' business that the employee gained during employment. Id.

Conclusion

As with many legal issues, non-solicitation law in Missouri can be complicated and confusing and often requires involvement of specialized legal counsel.  Attorney Kevin J. Dolley has the necessary experience in non-solicitation cases and is available to answer any questions you have regarding your particular circumstances. You can contact The Law Offices of Kevin J. Dolley at 314-645-4100.