Section 8 Requirement of a Valid and Enforceable Contract

• Library: Employer-Employee Law 2008

An enforceable restrictive employment covenant must be, or be a part of, what otherwise would be a valid and enforceable contract under general principles of contract law. Furniture Mfg. Corp. v. Joseph, 900 S.W.2d 642, 647 (Mo. App. W.D. 1995). The signing of a restrictive employment covenant at the inception of the employment relationship will provide sufficient consideration to support the covenant’s enforceability. Nail Boutique, Inc. v. Church, 758 S.W.2d 206, 209–10 (Mo. App. S.D. 1988). This includes a memorandum signed by the employee and subsequently incorporated into a contract. Am. Pamcor, Inc. v. Klote, 438 S.W.2d 287, 290 (Mo. App. E.D. 1969). Restrictive employment covenants may also arise as part of buy-sell agreements, partnership agreements, independent contractor agreements, and shareholder agreements in close corporations. JTL Consulting, L.L.C. v....