Section 17 Waiver

• Library: Employer-Employee Law 2008

Some employees argue that if the employer has never enforced the noncompete before, despite knowing that other former employees have breached similar agreements, the employer has waived its right to enforce the noncompete agreement. Missouri courts, however, are reluctant to permit conduct to be deemed a waiver of the right to enforce an agreement between an employer and an employee. For an employer’s conduct to waive the right to proceed, Missouri courts require a clear, unequivocal, and decisive...