Mississippi non compete law enforces non competes only when they are reasonable: mississippi has no non compete statute; the Mississippi Supreme Court enforces a covenant that is reasonable in time and area, weighing the rights of the employer, the employee and the public (Empiregas v. Hoover, 1979; Redd Pest Control v.
Heatherly, 1963), and it may narrow an overbroad territory to the area the worker actually served (Texas Road Boring, 1967). A covenant may also be refused where the employer’s firing of the worker was arbitrary, capricious or in bad faith.
This guide gives the exact Mississippi non compete law rule with the date we verified it, the threshold and carve-outs where they exist, what a court does with an overbroad term, and what to do if you signed one. Rules verified against the statute on 2026-10-08; confirm the current rule with Mississippi has no state wage-and-hour agency; claims go to the U.S.
Department of Labor or court or an attorney before you rely on it.
Mississippi Non Compete Law at a Glance
| Status | Enforceable if reasonable (common law) |
| Income threshold | No earnings threshold |
| Statute | Common law: Redd Pest Control Co. v. Heatherly, 157 So.2d 133 (Miss. 1963); Texas Road Boring Co. v. Parker, 194 So.2d 885 (Miss. 1967); Empiregas, Inc. v. Hoover, 371 So.2d 1265 (Miss. 1979) |
| Notice / consideration | Continued employment is sufficient consideration under Mississippi case law |
| Carve-outs | Lawyers (court rules); an employer that fired the worker arbitrarily, capriciously or in bad faith may be denied enforcement on equitable grounds (Empiregas) |
| Overbroad terms | reform — courts narrow an overbroad geographic scope to the worker’s actual territory rather than voiding the covenant |
| In effect since | common law; no Mississippi non compete statute as of this verification |
In This Mississippi Non Compete Law Guide:
Is a Non Compete Enforceable Under Mississippi Non Compete Law?
Mississippi has no non compete statute; the Mississippi Supreme Court enforces a covenant that is reasonable in time and area, weighing the rights of the employer, the employee and the public (Empiregas v. Hoover, 1979; Redd Pest Control v. Heatherly, 1963), and it may narrow an overbroad territory to the area the worker actually served (Texas Road Boring, 1967).
A covenant may also be refused where the employer’s firing of the worker was arbitrary, capricious or in bad faith. The statute is Common law: Redd Pest Control Co. v. Heatherly, 157 So.2d 133 (Miss. 1963); Texas Road Boring Co. v. Parker, 194 So.2d 885 (Miss. 1967); Empiregas, Inc. v. Hoover, 371 So.2d 1265 (Miss. 1979).
The carve-outs matter: lawyers (court rules); an employer that fired the worker arbitrarily, capriciously or in bad faith may be denied enforcement on equitable grounds (Empiregas).
Mississippi Non Compete Law at a Glance
Rules verified against the statute on 2026-10-08; confirm the current rule with Mississippi has no state wage-and-hour agency; claims go to the U.S. Department of Labor or court or an attorney before you rely on it. The statute row is where to check it yourself.
| Status | Enforceable if reasonable (common law) |
| What the rule says | Mississippi has no non compete statute; the Mississippi Supreme Court enforces a covenant that is reasonable in time and area, weighing the rights of the employer, the employee and the public (Empiregas v. Hoover, 1979; Redd Pest Control v. Heatherly, 1963), and it may narrow an overbroad territory to the area the worker actually served (Texas Road Boring, 1967). A covenant may also be refused where the employer’s firing of the worker was arbitrary, capricious or in bad faith. |
| Income threshold | No earnings threshold |
| Statute | Common law: Redd Pest Control Co. v. Heatherly, 157 So.2d 133 (Miss. 1963); Texas Road Boring Co. v. Parker, 194 So.2d 885 (Miss. 1967); Empiregas, Inc. v. Hoover, 371 So.2d 1265 (Miss. 1979) |
| Notice or consideration rule | Continued employment is sufficient consideration under Mississippi case law |
| Carve-outs | Lawyers (court rules); an employer that fired the worker arbitrarily, capriciously or in bad faith may be denied enforcement on equitable grounds (Empiregas) |
| What a court does with an overbroad term | reform — courts narrow an overbroad geographic scope to the worker’s actual territory rather than voiding the covenant |
| In effect since | common law; no Mississippi non compete statute as of this verification |
The Reasonableness Test Under Mississippi Non Compete Law
Mississippi has no general non compete statute, so courts apply a common-law reasonableness test. A judge looks at how long the restriction lasts, how large the area is, and which kinds of work it blocks. The employer has to show a real business interest to protect, such as customer goodwill or specialized training. Courts also weigh how hard the restriction is on the worker and whether it harms the public.
If a term is too broad, a Mississippi court may narrow it to something reasonable instead of throwing out the whole agreement.
Mississippi courts have generally upheld restrictions of about 1 to 2 years tied to a limited area, such as a 50-mile radius or the counties where the worker actually served customers, and longer terms have sometimes been upheld in specific settings. Statewide or open-ended bans have been struck down or cut back as broader than needed to protect the employer.
With an overbroad term the court will reform — courts narrow an overbroad geographic scope to the worker’s actual territory rather than voiding the covenant.
Mississippi Non Compete Law If You Were Fired or Laid Off
Mississippi has no statute that addresses this. Courts can consider the circumstances of the separation when they weigh fairness, and some decisions have treated a firing without cause as a factor against enforcement. Being laid off does not automatically void the agreement, so confirm how your specific terms apply with a Mississippi attorney.
What the Employer Must Give Under Mississippi Non Compete Law
Continued employment is sufficient consideration under Mississippi case law Mississippi courts have generally held that a job offer, or continued employment for an existing worker, is enough consideration to support a non compete. A current employee usually does not need to receive a raise, bonus or other separate payment for the agreement to be valid.
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Non Solicit and Non Disclosure Agreements Under Mississippi Non Compete Law
A non solicit agreement only stops you from pursuing the employer’s customers or coworkers, and a non disclosure agreement only protects confidential information. Neither one stops you from working in your field. Because they restrict less, Mississippi courts generally enforce them more readily than a full non compete, though they still have to be reasonable.
If You Already Signed One: Mississippi Non Compete Law in Practice
Read the full agreement and note the length, the area, the kinds of work it covers, and whether it applies no matter how the job ended. Before you accept a new offer, you can ask your former employer for a written release or a narrower waiver. Many workers also have a Mississippi employment attorney review the agreement and the new job duties before they start.
An employer with a valid agreement may ask a Mississippi court for an injunction that stops the worker from doing the restricted work, and it may also seek money damages for losses it can prove. Attorney fees are generally recoverable only if the contract provides for them.
The Federal Rule and Mississippi Non Compete Law
The Federal Trade Commission adopted a nationwide non compete ban in 2024, but a federal court blocked it before it took effect and the FTC later withdrew its defense; as of October 2026 there is no federal ban in force, so Mississippi non compete law controls.
In 2025, House Bill 806 would have banned non competes in health care provider contracts, but it died in committee on February 4, 2025, and never took effect. No 2025 or 2026 Mississippi law has changed the general non compete rules, which still come from court decisions.
Other Mississippi Non Compete Law Rules to Know
Mississippi courts may rewrite an overbroad non compete into a reasonable one instead of voiding it, so an agreement that looks too broad may still be partly enforced.
Think your employer owes you money or broke the law?
A non compete is a contract question, and the answer turns on your own agreement’s words. Your state bar runs a lawyer-referral service that connects you with an employment attorney for a short, low-cost first consultation — find it through the American Bar Association referral directory. Free legal aid may also help if your income qualifies.
Mississippi — the bottom line
- Mississippi non compete law is a reasonableness test decided case by case — the first thing to check is which side of the line your agreement falls on.
- Under Mississippi non compete law, an overbroad term is reform — courts narrow an overbroad geographic scope to the worker’s actual territory rather than voiding the covenant — the words of your own agreement decide more than the headline rule.
- Mississippi non compete law does not stop you from taking a new job in a different field or outside the restricted area — read the scope before you turn an offer down.
Frequently Asked Questions
Are non competes enforceable in Mississippi?
Sometimes. Mississippi has no non compete statute; the Mississippi Supreme Court enforces a covenant that is reasonable in time and area, weighing the rights of the employer, the employee and the public (Empiregas v. Hoover, 1979; Redd Pest Control v. Heatherly, 1963), and it may narrow an overbroad territory to the area the worker actually served (Texas Road Boring, 1967).
A covenant may also be refused where the employer’s firing of the worker was arbitrary, capricious or in bad faith.
Is there an income threshold under Mississippi non compete law?
No. Mississippi has no earnings threshold; enforcement turns on whether the agreement is reasonable.
What does a Mississippi court do with an overbroad non compete?
Reform — courts narrow an overbroad geographic scope to the worker’s actual territory rather than voiding the covenant.
Can my employer enforce a non compete in Mississippi after firing me?
Mississippi has no statute that addresses this. Courts can consider the circumstances of the separation when they weigh fairness, and some decisions have treated a firing without cause as a factor against enforcement.
I signed a non compete in Mississippi and have a new offer — what should I do?
Read the full agreement and note the length, the area, the kinds of work it covers, and whether it applies no matter how the job ended. Before you accept a new offer, you can ask your former employer for a written release or a narrower waiver.
Official Mississippi Sources & Resources
- Mississippi has no state wage-and-hour agency; claims go to the U.S. Department of Labor or court: https://www.dol.gov/agencies/whd
- Mississippi non compete statute: Common law: Redd Pest Control Co. v. Heatherly, 157 So.2d 133 (Miss. 1963); Texas Road Boring Co. v. Parker, 194 So.2d 885 (Miss. 1967); Empiregas, Inc. v. Hoover, 371 So.2d 1265 (Miss. 1979)
- Verified source: https://worldservicesgroup.com/publicationspf.asp?id=17097
- Verified source: https://www.crowelltradesecretstrends.com/?p=2264
- Verified source: https://eforms.com/non-compete/ms/
- U.S. Department of Labor, Wage and Hour Division — state payday requirements: dol.gov
- Federal Trade Commission — the non compete rule (status): ftc.gov
- Mississippi bar lawyer referral: https://msbar.org/
This Mississippi non compete law guide was last verified against official Mississippi sources in October 2026. Rules change — confirm the current figure with the state agency or a licensed attorney.
More Mississippi Workplace Rights Guides
- Mississippi Final Paycheck Law: Deadlines and Penalties
- Mississippi Wrongful Termination Laws: When a Firing Is Illegal
- Mississippi At Will Employment Law: The Exceptions
- Mississippi Labor Laws: Every Rule in One Place
- Unemployment and Workplace Rights Guides for All 50 States
Disclaimer: This guide is general information, not legal or financial advice. My Unemployment Rights is an independent educational resource, not a government agency and not a law firm. Final-paycheck deadlines, penalties and non compete rules change — every figure here carries the date we verified it. Confirm the current rule with your state labor department or a licensed attorney before you act.