Non-Compete Laws in Missouri
Missouri has no general non-compete ban; courts generally enforce an employee non-compete if it is reasonable and protects trade secrets or customer contacts, and may modify an overbroad one.
Last checked . General information, not legal advice.
Missouri at a glance
- Status
- Enforceable if reasonable (case law)
- RSMo 431.202 covers employee non-solicitation covenants and states it does not affect non-competes; courts apply a reasonableness test.
- Enforceable against employees
- Yes, if reasonable
- The employer must show the agreement protects trade secrets or customer contacts and is reasonable in time and area.
The rules in Missouri
Are employee non-compete agreements banned, restricted or enforceable in Missouri?
Status in Missouri: Enforceable if reasonable (case law). RSMo 431.202 covers employee non-solicitation covenants and states it does not affect non-competes; courts apply a reasonableness test.
Can an employer enforce a non-compete against an employee in Missouri?
Yes, if reasonable. Enforceable against employees in Missouri: yes, if reasonable. The employer must show the agreement protects trade secrets or customer contacts and is reasonable in time and area.
Where do the Missouri non-compete laws come from?
The rules above come from RSMo 431.202 and Whelan Security Co. v. Kennebrew, 379 S.W.3d 835 (Mo. 2012). Each source is linked on this page. We last checked them in October 2026.
Good to know
Under RSMo 431.202, an employee non-solicitation covenant lasting no more than one year after employment is conclusively presumed reasonable.
In Whelan Security Co. v. Kennebrew (2012), the Missouri Supreme Court modified overbroad non-compete terms to make them reasonable.
What this means in practice
Read the restriction closely before signing. Note how long it lasts, the area it covers, which activities it bars and which state's law the contract says applies. A choice-of-law clause does not always control, because some states refuse to apply another state's law to their own residents or workers.
Salary thresholds are often adjusted every year for inflation. If a state uses a threshold, check the figure for the year the agreement was signed or is being enforced, and how the statute defines earnings.
A non-compete is different from a non-solicitation or confidentiality agreement. Many states that limit non-competes still allow narrower clauses that protect trade secrets or customer lists. An employment lawyer can explain how the rules apply to a specific agreement.
General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.
Compare with neighboring states
- ArkansasEnforceable if reasonable (statute)
- IllinoisRestricted: salary threshold and notice
- IowaEnforceable if reasonable (case law)
- KansasEnforceable if reasonable (case law)
- KentuckyEnforceable with real consideration (case law)
- NebraskaRestricted by case law: customer-based only
- OklahomaBanned; customer non-solicitation allowed
- TennesseeEnforceable if reasonable; $70,000 pay floor
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