Understanding Non-Compete Agreements in Missouri: What Employees Need to Know Before Taking the Risk
By Jeremy D. Hollingshead, Esq., Hollingshead & Dudley
June 12, 2025
At Hollingshead & Dudley, we routinely advise employees confronting the restrictions of non-compete agreements—but not always at the point of signing a job offer. In fact, our clients most often seek legal guidance in three distinct employment scenarios:
- The employee is still employed by the company that required the non-compete agreement and is considering a job switch—often because they’re actively looking for new work or have received a new job offer. This is the most common scenario we handle.
- The employee has already left their previous job, voluntarily or involuntarily, and is evaluating new opportunities while trying to understand whether their non-compete presents a legal risk.
- The employee has received a job offer and wants legal advice before making a move (less common than the first two, but still important).
In all three cases, the enforceability of a non-compete agreement isn’t black and white—it’s a nuanced legal issue that depends on the agreement’s specific language and how Missouri courts have interpreted similar terms.
What Is a Non-Compete Agreement?
A non-compete agreement is a contractual clause that restricts an employee’s ability to work for a competitor or start a similar business after employment ends. In Missouri, these agreements are only enforceable if they are reasonable in duration and geographic scope, and are designed to protect legitimate business interests—like trade secrets or customer relationships.
There’s No One-Size-Fits-All Rule
Missouri courts don’t apply a bright-line rule when determining whether a non-compete agreement is enforceable. Instead, they assess the unique facts of each situation. What’s considered “reasonable” depends on the industry, the employee’s role, and the employer’s operations.
For instance, the Missouri Supreme Court in Whelan Security Co. v. Kennebrew reaffirmed that overly broad non-compete agreements may be narrowed by the court to make them enforceable—meaning even flawed agreements may still pose legal risks.
That’s why we emphasize: you can’t rely on a gut feeling or Google search to assess your risk. You need an experienced employment lawyer to review your specific non-compete agreement and apply Missouri precedent.
Why Violating a Non-Compete Agreement Without Legal Advice Can Backfire
Many clients come to us while still employed and debating whether they can safely accept an offer from a competitor. Others have already moved on, only to get a cease-and-desist letter—or worse, a lawsuit—from their former employer.
If you breach your non-compete agreement, even unintentionally, your former employer may pursue:
- A temporary restraining order or injunction to block your new job
- Monetary damages
- Claims against your new employer, putting your new role in jeopardy
These risks are avoidable—but only if you get legal advice before taking that leap.
Missouri Law Allows You to Get Clarity from the Courts
Thankfully, Missouri law provides a path to resolve uncertainty about a non-compete agreement before you risk breaching it: a declaratory judgment action.
This type of legal filing asks the court to determine whether your non-compete agreement is enforceable. In White v. Medical Review Consultants, Inc., Missouri’s appellate courts made clear that declaratory judgment is an appropriate legal remedy for employees unsure of their rights under a restrictive agreement.
The court also has the power to modify the terms of the agreement—narrowing its geographic or time limits so that it complies with state law.
How Hollingshead & Dudley Can Help
Whether you’re:
- Considering a new role while still employed,
- Exploring options after a separation from your last job,
- Or reviewing a job offer with a non-compete clause,
…we can help you move forward confidently and legally.
Our services include:
- Comprehensive review of your non-compete agreement
- One-on-one consultation via Zoom or phone with one of the firm’s experienced employment law partners (we won’t pass you onto an inexperienced associate attorney like many firms do)
- Written or verbal legal analysis regarding enforceability, litigation risks, and strategic options
- Declaratory judgment representation, if court involvement is necessary
Pricing starts at $500 for review and consultation. Additional fees apply for litigation or negotiation, but those will always be clearly discussed during the consultation.
Why Hiring an Attorney Matters
The benefits of seeking legal advice from an experienced employment attorney include:
- Understanding the risks of violating a non-compete
- Evaluating legal options for invalidating a non-compete
- Exploring whether an attorney can negotiate with a prior employer to confirm the permissibility of a new job
- Attempting to obtain a release from the non-compete
- Collaborating with a new employer’s counsel to negotiate a buyout of a non-compete
Don’t Let a Non-Compete Agreement Control Your Career or Future
Whether you’re proactively planning your next move or dealing with a threat from a former employer, we can help you assess your rights and protect your future.
Schedule a consultation today with Hollingshead & Dudley by calling (314) 480-5474 or visiting: https://hdtriallawyers.com/employment-law/