Missouri non compete law enforces non competes only when they are reasonable: missouri has no general non compete statute; the Missouri Supreme Court (Whelan Security v. Kennebrew, 2012) enforces non competes and customer or employee non solicits that are reasonable in time and area and protect trade secrets or customer contacts, and courts modify overbroad terms.
A separate statute presumes an employee non solicit of one year or less reasonable when it protects confidential information, customer relationships or goodwill. This guide gives the exact Missouri 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 Missouri Department of Labor and Industrial Relations, Division of Labor Standards or an attorney before you rely on it.
Missouri Non Compete Law at a Glance
| Status | Enforceable if reasonable (common law) |
| Income threshold | No earnings threshold |
| Statute | Common law (Whelan Security Co. v. Kennebrew, 379 S.W.3d 835 (Mo. 2012)); Mo. Rev. Stat. 431.202 (employee non solicits, since July 1, 2001) |
| Notice / consideration | Access to confidential information or customer contacts is the usual consideration; a 2017 federal decision held at-will employment alone is not consideration under Missouri contract law |
| Carve-outs | Secretarial and clerical employees cannot be bound by 431.202 covenants |
| Overbroad terms | reform — the Missouri Supreme Court itself modified an overbroad non solicit in Whelan and enforced it as narrowed |
| In effect since | common law; 431.202 effective July 1, 2001; 2017 HB 479 (ban) did not pass |
In This Missouri Non Compete Law Guide:
Is a Non Compete Enforceable Under Missouri Non Compete Law?
Missouri has no general non compete statute; the Missouri Supreme Court (Whelan Security v. Kennebrew, 2012) enforces non competes and customer or employee non solicits that are reasonable in time and area and protect trade secrets or customer contacts, and courts modify overbroad terms. A separate statute presumes an employee non solicit of one year or less reasonable when it protects confidential information, customer relationships or goodwill.
The statute is Common law (Whelan Security Co. v. Kennebrew, 379 S.W.3d 835 (Mo. 2012)); Mo. Rev. Stat. 431.202 (employee non solicits, since July 1, 2001). The carve-outs matter: secretarial and clerical employees cannot be bound by 431.202 covenants.
Missouri Non Compete Law at a Glance
Rules verified against the statute on 2026-10-08; confirm the current rule with Missouri Department of Labor and Industrial Relations, Division of Labor Standards 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 | Missouri has no general non compete statute; the Missouri Supreme Court (Whelan Security v. Kennebrew, 2012) enforces non competes and customer or employee non solicits that are reasonable in time and area and protect trade secrets or customer contacts, and courts modify overbroad terms. A separate statute presumes an employee non solicit of one year or less reasonable when it protects confidential information, customer relationships or goodwill. |
| Income threshold | No earnings threshold |
| Statute | Common law (Whelan Security Co. v. Kennebrew, 379 S.W.3d 835 (Mo. 2012)); Mo. Rev. Stat. 431.202 (employee non solicits, since July 1, 2001) |
| Notice or consideration rule | Access to confidential information or customer contacts is the usual consideration; a 2017 federal decision held at-will employment alone is not consideration under Missouri contract law |
| Carve-outs | Secretarial and clerical employees cannot be bound by 431.202 covenants |
| What a court does with an overbroad term | reform — the Missouri Supreme Court itself modified an overbroad non solicit in Whelan and enforced it as narrowed |
| In effect since | common law; 431.202 effective July 1, 2001; 2017 HB 479 (ban) did not pass |
The Reasonableness Test Under Missouri Non Compete Law
Missouri courts generally enforce a non compete only to protect two things: the employer’s trade secrets and its relationships with customers. The restriction also has to be reasonable in how long it lasts and how large an area it covers, and it cannot reach further than needed to protect those interests.
Courts look at what work you actually did and which customers you actually dealt with, and they may weigh the hardship to you against the employer’s need.
Missouri courts have commonly upheld restrictions of about 1 to 2 years that cover the area or customers the worker actually served. Restrictions longer than 2 years, or ones reaching nationwide or across several states for a worker whose customers were in one region, are more often found too broad, and courts may cut them down instead of striking them entirely.
With an overbroad term the court will reform — the Missouri Supreme Court itself modified an overbroad non solicit in Whelan and enforced it as narrowed.
Missouri Non Compete Law If You Were Fired or Laid Off
No Missouri statute or Missouri Supreme Court rule cancels a non compete just because the worker was fired or laid off instead of quitting. A court deciding whether to issue an injunction may still look at how the job ended as part of its fairness review, so confirm with a Missouri attorney how this applies to your situation.
What the Employer Must Give Under Missouri Non Compete Law
Access to confidential information or customer contacts is the usual consideration; a 2017 federal decision held at-will employment alone is not consideration under Missouri contract law Missouri courts have generally accepted continued at-will employment as enough consideration for a non compete signed by a current employee, especially when the worker also gained access to customers or confidential information.
A raise, bonus, promotion or other new benefit makes the agreement harder to challenge, so check what you received when you signed.
Non Solicit and Non Disclosure Agreements Under Missouri Non Compete Law
A non solicit only stops you from pursuing the employer’s customers or recruiting its employees. A non disclosure only stops you from using or sharing confidential information, and neither one stops you from working for a competitor. Missouri generally finds these narrower agreements easier to enforce, and an agreement not to recruit employees is presumed reasonable if it lasts 1 year or less after the job ends.
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If You Already Signed One: Missouri Non Compete Law in Practice
Find your signed copy and read the exact limits: how long, what area, what kinds of work or customers, and whether it applies no matter how the job ended. Before you accept a new offer, compare the new role to those limits, and consider asking your former employer in writing for a release or a narrower waiver.
Many workers have a Missouri employment attorney review the agreement and the new offer before they start.
An employer that believes a valid Missouri non compete was broken usually asks a court for an injunction, which is an order barring the competing work or customer contact for the restricted period. It may also seek money damages for lost business, and it can recover attorney fees only if the agreement includes a fee clause.
The Federal Rule and Missouri 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 Missouri non compete law controls.
In 2025 and 2026, Missouri lawmakers introduced bills to limit or ban non competes for physicians, including HB 2184 and HB 2979 (2026 session), but none had been enacted as of the latest available information. At the federal level, the FTC dropped its appeal of the nationwide non compete ban in September 2025, so Missouri common law and the state statute still control.
Other Missouri Non Compete Law Rules to Know
By statute, Missouri makes an agreement not to recruit the employer’s employees presumptively reasonable if it lasts 1 year or less after employment ends. If a court finds a Missouri non compete too broad, it may narrow the time, area or customer list and enforce the narrower version instead of voiding the whole agreement.
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.
Missouri — the bottom line
- Missouri 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 Missouri non compete law, an overbroad term is reform — the Missouri Supreme Court itself modified an overbroad non solicit in Whelan and enforced it as narrowed — the words of your own agreement decide more than the headline rule.
- Missouri 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 Missouri?
Sometimes. Missouri has no general non compete statute; the Missouri Supreme Court (Whelan Security v. Kennebrew, 2012) enforces non competes and customer or employee non solicits that are reasonable in time and area and protect trade secrets or customer contacts, and courts modify overbroad terms. A separate statute presumes an employee non solicit of one year or less reasonable when it protects confidential information, customer relationships or goodwill.
Is there an income threshold under Missouri non compete law?
No. Missouri has no earnings threshold; enforcement turns on whether the agreement is reasonable.
What does a Missouri court do with an overbroad non compete?
Reform — the Missouri Supreme Court itself modified an overbroad non solicit in Whelan and enforced it as narrowed.
Can my employer enforce a non compete in Missouri after firing me?
No Missouri statute or Missouri Supreme Court rule cancels a non compete just because the worker was fired or laid off instead of quitting.
I signed a non compete in Missouri and have a new offer — what should I do?
Find your signed copy and read the exact limits: how long, what area, what kinds of work or customers, and whether it applies no matter how the job ended. Before you accept a new offer, compare the new role to those limits, and consider asking your former employer in writing for a release or a narrower waiver.
Official Missouri Sources & Resources
- Missouri Department of Labor and Industrial Relations, Division of Labor Standards: https://labor.mo.gov/dls/wage-hour
- Missouri non compete statute (Common law (Whelan Security Co. v. Kennebrew, 379 S.W.3d 835 (Mo. 2012)); Mo. Rev. Stat. 431.202 (employee non solicits, since July 1, 2001)): https://revisor.mo.gov/main/OneSection.aspx?section=431.202
- Verified source: https://www.tradesecretslaw.com/2017/04/articles/restrictive-covenants/missouri-legislator-introduces-bill-to-ban-restrictive-covenants/
- U.S. Department of Labor, Wage and Hour Division — state payday requirements: dol.gov
- Federal Trade Commission — the non compete rule (status): ftc.gov
- Missouri bar lawyer referral: https://mobar.org/public/LawyerSearch.aspx
This Missouri non compete law guide was last verified against official Missouri sources in October 2026. Rules change — confirm the current figure with the state agency or a licensed attorney.
More Missouri Workplace Rights Guides
- Missouri Final Paycheck Law: Deadlines and Penalties
- Missouri Wrongful Termination Laws: When a Firing Is Illegal
- Missouri At Will Employment Law: The Exceptions
- Missouri 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.