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No Compete Clause

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mike.dalton

Junior Member
What is the name of your state? Missouri I work for a carpet cleaning company near st. louis, my question is, can my boss enforce his no compete clause should I decide to start my own carpet cleaning company. Thank you for all your help.
 


S

seniorjudge

Guest
mike.dalton said:
What is the name of your state? Missouri I work for a carpet cleaning company near st. louis, my question is, can my boss enforce his no compete clause should I decide to start my own carpet cleaning company. Thank you for all your help.
Judge Barney says:

In our review of Employer’s first point, premised on the court’s refusal to impose a permanent injunction against Employee prohibiting Employee from engaging in customer contacts with its customers, we initially make the following observations regarding non-compete clauses or covenants not to compete.

Covenants by employees not to compete with their employers after termination of employment are no longer contrary to public policy in Missouri, yet they still are not favored in this state. Such covenants are carefully restricted because they deal with restraints on commerce and limit an employee's freedom to pursue his or her trade. The following general rule still attends: An employer cannot extract an enforceable restrictive covenant merely to protect himself from the competition of an employee. Accordingly, even when restrictive covenants on future employment are reasonable spatially and temporally, they are enforceable only if a legitimate protectable interest of the employer is served.

An assessment of the reasonableness of a covenant not to compete requires a thorough consideration of surrounding circumstances, which includes the subject matter of the contract, the purpose to be served, the situation of the parties, the extent of the restraint, and the specialization of the business. The issue of reasonableness is one of law according to the subject matter of the agreement and the existing circumstances.

(Emphasis supplied)

http://www.courts.mo.gov/courts/pubopinions.nsf/ccd96539c3fb13ce8625661f004bc7da/5a63750d871d40f586256c60007a2c7f?OpenDocument&Highlight=0,non-compete,clause,enforce

Case Style: Kessler-Heasley Artificial Limb Company, Inc., d/b/a Ozark Prosthetics, Appellant v. Michael Kenney and Kenney Fabrication, Inc., Respondents.

Case Number: 24201

Handdown Date: 10/28/2002

Appeal From: Circuit Court of Christian County, Hon. George C. Baldridge

Counsel for Appellant: Bryan O. Wade

Counsel for Respondent: Evelyn Gwin Mangan

Opinion Summary: None

Citation:

Opinion Author: Robert S. Barney, Judge
 

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