A Missouri non-compete agreement is a written contract in which a worker promises not to work for, or hold a stake in, a competing business for a set time after the employment ends. Missouri courts enforce a covenant not to compete only if it is reasonable and protects the employer's legitimate interest.[1] The form below sets the term, the competing businesses and the area before the worker and the employer sign.
Last Updated: October 2026. This guide is reviewed and updated regularly to reflect current Missouri law. If you notice an error or outdated information, please contact us.
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The form on this page is a three-page agreement between a worker and an employer. The form calls the worker the Agent, and the Agent can be an employee or an independent contractor. You fill in these parts:
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Lots of businesses often choose to prevent their employees from turning into the company’s competitors once their relationship concludes. Different states have different rules and policies regarding non-compete agreements. Here are some of the most requested local NCAs searched by our visitors.
Missouri courts enforce a covenant not to compete only if it is reasonable and protects the employer's legitimate interests. The employer must show that the interest is real and that the time and the area are reasonable.[1] Missouri has no statute that sets a maximum time or area for a non-compete agreement. Missouri law has a separate statute, section 431.202, that covers covenants not to solicit or hire employees.[2] The two parts below take the court standard and the statute one at a time.
In Whelan Security Co. v. Kennebrew, the state's highest court held that a covenant not to compete is enforced only if it is reasonable and protects a legitimate interest of the employer. The court put the burden on the employer:
The employer has the burden to prove that the non-compete agreement protects its legitimate interests in trade secrets or customer contacts and that the agreement is reasonable as to time and geographic space.
In plain words, an employer who wants to enforce a non-compete against a former employee must show two things. It must show a real interest to protect, such as trade secrets or customer contacts. It must also show that the time and the area are reasonable.[1]
Missouri has no statute on three other points:
Section 431.202 deals with a different promise: a covenant not to solicit, recruit, hire or otherwise interfere with the employment of employees. Missouri makes a reasonable covenant of that kind in writing enforceable, and not a restraint of trade, when the statute's conditions are met.[2] The statute opens this way:
A reasonable covenant in writing promising not to solicit, recruit, hire or otherwise interfere with the employment of one or more employees shall be enforceable and not a restraint of trade pursuant to subsection 1 of section 416.031 if:
Two points from the statute stand out:
Section 431.202 speaks to covenants not to solicit or hire employees. A covenant not to compete is tested under the court standard above.[1]
Missouri has no statute that sets a maximum time for a non-compete agreement. The form's term clause starts on the effective date, runs for as long as the Agent's employment or contractor relationship lasts, and then runs for the number of years that you fill in. Choose that number with care, because a court asks whether the time is reasonable.[1]
The non-competition section of the form gives you three more choices:
The form leaves the number of years blank. For example, a one-year term ends sooner than a two-year term, and each extra year adds to the restrictions on a former employee. Many employers write down why the number they chose protects their customers from competition by a former employee.
The form also has a separate non-solicitation section on solicitation of the employer's people and customers. Without the employer's written consent, the Agent promises not to disturb, hire or entice away any employee, contractor, customer or vendor of the employer. The Agent also promises not to persuade any of them to change or end their relationship with it. The promise lasts during the term.
A limitation clause covers the case where a court finds a covenant unreasonable in its term or territorial scope. The parties agree that the court may reform the covenant so that it is reasonable.
The form is complete when both sides have signed it. The last page has signature lines for the Agent and the employer, each with a printed name and a title. Before anyone signs, fill in the effective date and the names and addresses on page one. Check that the boxes you marked on page two describe the competition limits you want.
You can fill in the downloaded PDF with our online PDF editor and then print it for signing. Give each employee or contractor a copy to read before signing. Return the signed copies to the employer and keep them with its records, since the employer would need the signed copy to seek enforcement.
Section 2 of the form states that it is not a contract of employment and is limited to its own subject matter.
The form says that Missouri law governs the agreement. It also has a blank for the Missouri county where a court action may be brought.
A Missouri non-compete agreement is enforceable when it is reasonable and protects the employer's legitimate interests, and the employer must prove those interests along with the reasonable time and area it asks for.[1]
Two rules decide it, and they apply to different promises. For a covenant not to compete, the employer must prove a legitimate interest, such as trade secrets or customer contacts, and a reasonable time and area before a court allows enforcement against a former employee.[1]
For a covenant not to solicit, recruit or hire employees, a reasonable covenant in writing is enforceable when the statute's conditions are met. It does not extend to employees who provide only secretarial or clerical services.[2]
Other NCA Forms by State
General information, not legal or tax advice.
