HR Legal Insider

Can My Company’s Non-Compete Apply to All Competitors?

Written by Goosmann Law Team | Jan 22, 2015 12:21:00 PM

Wondering if your company's non-compete agreements apply to all your competitors? Learn about how to protect you and your company from your competitors.

Non-competition agreements are generally not enforceable unless they are reasonable in scope and reasonably aimed to protect the employer’s business interests. A Missouri case drives home the scope element of a non-competition agreement. In Sigma-Aldrich Corp. v. Vilkin, No. ED-100575 (Mo. Ct. App. Oct. 14, 2014), the Missouri Court of Appeals held a global non-compete was unenforceable. The non-competition agreement prohibited a sales employee from working for any competitor for two years. There was no geographic restriction (i.e. within 50 miles); nor was there any limitation on what kind of competitors would be excluded. This was fatal, and the Court held the agreement unenforceable as a matter of law.

For more information on employment law and non-compete agreements, contact the Goosmann Law Firm at info@goosmannlaw.com or call 712-226-4000.