The Clause About Working Elsewhere
Mo. Rev. Stat. § 431.202 — a promise not to solicit or hire, and one year presumed reasonable
In Missouri, a reasonable written covenant promising not to solicit, recruit, hire or otherwise interfere with the employment of one or more employees is enforceable, and is not a restraint of trade, in the situations the statute lists.
- Between businesses negotiating an acquisition, to preserve workforce stability during the negotiations and for a reasonable period after.
- Between businesses in a joint venture or similar arrangement, to protect confidential or trade secret information they share.
- Between an employer and employees, to protect confidential or trade secret information, or customer or supplier relationships, goodwill or loyalty.
- Between an employer and employees even without those interests, if the covenant lasts no more than one year after employment, except for employees who provide only secretarial or clerical services.
One year is presumed reasonable. Whether a covenant is reasonable turns on its facts, but one between employer and employee covered only by the last two situations is conclusively presumed reasonable if it runs no more than one year after employment.
Not a rule about noncompetes. The employer and employee situations are not meant to create, or to affect the validity of, covenants not to compete. Nothing in the section limits an employee's ability to seek or accept a job with another employer immediately on leaving, whether the departure was voluntary or not.
| The assumption | What the law actually does |
|---|---|
| The assumptionA no-solicitation clause can keep a former employee from taking any new job | What the law actually doesNothing in the section limits seeking or accepting employment with another employer immediately on leaving |
| The assumptionAny no-solicitation clause holds, however long it runs | What the law actually doesIt has to be reasonable on its facts; one running no more than one year after employment is conclusively presumed reasonable |
Covenants not to compete themselves, and trade secret law, are not on this page. What a particular situation carries is a question for a licensed Missouri attorney.
Sources for this section (1)
- Mo. Rev. Stat. § 431.202 — Employment covenants enforceable, when — reasonability presumption
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Missouri attorney.