Section 61 General Principles

• Library: Emp-Emp Law 2000

The critical requirement for an enforceable noncompetition agreement or covenant is that the restrictions must be reasonable as to both time and geographic area. Empire Gas Corp. v. Graham, 654 S.W.2d 329 (Mo. App. W.D. 1983); Chemical Fireproofing Corp. v. Bronska, 542 S.W.2d 74, 79 (Mo. App. E.D. 1976); Reed, Roberts Assocs., Inc. v. Bailenson, 537 S.W.2d 238, 248 (Mo. App. E.D. 1976); House of Tools and Eng’g, Inc. v. Price, 504 S.W.2d 157, 159 (Mo. App. E.D. 1973); Long v. Huffman, 557 S.W.2d 911, 914 (Mo. App. W.D. 1977); Mills v. Murray, 472 S.W.2d 6, 11 (Mo. App. W.D. 1971). In Reed, Roberts Associates, Inc. v. Bailenson, 537 S.W.2d at 241, the court stated: “In order to be enforceable a covenant restraining an employee must not only be legally valid but also reasonable as to the employer, the employee, and the public. Reasonableness is determined by the limitations on both time and area contained in the...