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Labor and Employment Law Practice Areas
Wage and Hour Law
Employment Law
Labor Law
Administrative Law and Licensing Cases
Whistleblower Law
Business Law
Class Action Law
Non-Compete Agreement Law
Understanding Missouri Non-Compete Law
Understanding Missouri Non-Solicitation Law
Company Enforcement of Non-Compete and Non-Solicitation Agreements
Defending Employees Accused Violating Non-Compete Agreement
Missouri Trade Secrets Law
Contract Law
Construction Law
Antitrust Law
Human Resources Law
Employment Law for Employers
Health Care Law
Nursing Law
Employee Benefits
White Collar Criminal Defense
Discrimination Claims
Workers Compensation
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2726 S. Brentwood Blvd. St. Louis MO 63144

Defending Employees Accused of Non-Compete Agreement Violation

Companies often require employees to sign non-compete agreements as a condition of employment. At the time of signing, employees may not think much about the non-compete agreement and the limitations it can later impose. Upon leaving a company, employees often want to work in the same industry. Accepting employment in the same field can result in the former employer may result in the employer taking legal action and alleging a violation of the non-compete agreement. Former employers may sent notice to the new employer alleging violation of the non-compete agreement through a "cease and desist" letter. The result is often a situation in which the threat causes the new employer to terminate the employees due to the fear of litigation.

Defending Employee Rights

The Law Offices of Kevin J. Dolley helps employees accused of violating non-compete agreements assert and defend their legal rights. Attorney Kevin J. Dolley frequently reviews non-compete agreements to determine their validity and enforceability. Mr. Dolley also represents employees who have already been served with a summons accusing them of violating a non-compete agreement. Often times, the former employer seeks a Temporary Restraining Order (TRO) attempting to stop the employee from violating the non-compete agreement. Mr. Dolley represents employees at TRO hearings and Preliminary Injunction hearings to advocate for the employee's legal rights. Courts in Missouri may rule a non-compete agreement unenforceable in whole or in part, and judges have the ability to "blue pencil" or modify the terms of the non-compete agreement to make the agreement reasonable.

Legal Counsel on Non-Compete Agreements

If you are an employee accused of violating an employment contract, Attorney Kevin J. Dolley can review the contract and outline an aggressive defense to allow you to continue to work in your chosen profession or career. Many non-compete agreements are poorly drafted or drafted without the assistance of legal counsel and Mr. Dolley will be able to identify problems with the agreement under Missouri law and advise employees as to their legal options. These options often include negotiation with the former employer to modify or reduce the terms of the agreement.

Is the Non-Compete Agreement Enforceable under Missouri law?

The determination of whether a non-compete agreement is unenforceable under Missouri law involves a highly fact-intensive analysis of the circumstances. Mr. Dolley commonly reviews geographical restrictions and time restrictions contained within non-compete agreements and advises clients as to whether or not the time and area restrictions in the agreement are reasonable under the circumstances. The circumstances of how the employee left a company may also play a role in whether or not the non-compete agreement is enforceable. If an employee is terminated without just cause, Missouri courts have found that the employer may not be able to enforce all or parts of a non-compete or restrictive covenant agreement against the employee.

Employee Defense in Non-Compete Agreement Cases

If you are an employee accused of violating a non-compete or non-solicitation agreement or you want a better understanding of your legal rights under a non-compete agreement, contact Attorney Kevin J. Dolley directly to review your situation. Mr. Dolley may be reached at (314)645-4100 or by email at kevin@dolleylaw.com.

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The Law Offices of Kevin J. Dolley represents clients in labor law, employment law and employment discrimination matters throughout the State of Missouri, including St. Louis, St. Louis County, St. Charles County, Boone County, Jefferson County, Lincoln County, Jackson County, Phelps County, Franklin County, Ste. Genevieve, St. Clair and the Cities of St. Louis, Kansas City, St. Charles, O'Fallon, Lake St. Louis, Hillsboro, Troy, Clayton, Rolla, Columbia, Jefferson City, Kirksville, Farmington, Cuba, Augusta, Union, Maryland Heights, Cape Girardeau and Springfield.

Law Offices of Kevin J. Dolley, LLC - Missouri Employment Lawyer
Located at 2726 South Brentwood Blvd. St. Louis, MO 63144. View Map
Phone: (314) 684-8180 | Local Phone: (314) 645-4100.
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