Section 23 Supermarket Merchandising & Supply, Inc. v. Marschuetz

• Library: Employer-Employee Law 2008

With respect to employment contracts containing restrictive employment covenants, Missouri courts have recognized that when an employer breaches an employment agreement before an employee allegedly violates a noncompetition provision, the employer is barred from enforcing the restrictive employment covenant. See Supermarket Merch. & Supply, Inc. v. Marschuetz, 196 S.W.3d 581 (Mo. App. E.D. 2006). Only a material breach excuses the other party’s breach.

In Marschuetz, the employer had a current employee sign a confidentiality and noncompete agreement that included language providing...