Section 16 Prior Breach by Employer

• Library: Employer-Employee Law 2008

Frequently, former employees sued for violating noncompetes will argue that the employer breached the agreement first. Prop. Tax Representatives, Inc. v. Chatam, 891 S.W.2d 153, 156 (Mo. App. W.D. 1995); Showe-Time Video Rentals, Inc. v. Douglas, 727 S.W.2d 426, 433 (Mo. App. S.D. 1987). Missouri courts have held that an employer that materially breaches an agreement with an employee that contains a noncompete agreement may not have that agreement enforced. Roeder v. Ferrell-Duncan Clinic, Inc., 155 S.W.3d 76...