Saturday, August 25, 2012

Missouri courts may determine whether and non-compete agreement is reasonable and modify the agreement in accord with intent of the parties, when an agreement is found to be unreasonable


WHELAN SECURITY Co. v. KENNEBREW

A factor in Missouri's lagging economic performance and low wages is that it tends to enforce overly broad non-compete agreements. Regional Disadvantage? Non-Compete Agreements and Brain DrainGive Me Equity or Give Me Death - The Role of Competition and Compensation in Building Silicon Valley

This direction may have been reversed in Whelan

Whelan Security's business model of providing security guard services nationwide  is to vigorously enforce such agreements so as to preclude competition. 

In this case a Whelan employee who worked in Dallas, Texas, and a Whelan employee who worked in Nashville, Tennessee, started a security business in Houston, Texas. Whelan filed suite when the former employees solicited a Whelan customer in Houston, Texas.