My son works for a landscaping company and going into 2014 they want him to sign a new independent contractor agreement that now includes a non-compete clause restricting him from working for another landscaping company for two years within a 200 mile radius. The type of services they offer is not proprietary.
Non-compete clauses are allowed in an independent contractor agreement in Missouri. However, the restriction must be necessary to protect trade secrets or customer contacts and may only be for a reasonable length of time and area. Generally, Missouri courts are reluctant to enforce non-compete clauses and require them to be no broader than is necessary. If your son has a concern about the clause, meeting with a lawyer may be beneficial because he would be able to discuss the agreement in detail and confidentially.
Matthew Clair-Femrite. The Law Office of Matthew Clair-Femrite, LLC. (819) 229-7170. [email protected] While hopefully informative, this answer is for general information purposes only. It should not be construed as legal advice or as establishing an attorney-client relationship. No internet forum is a substitute for consulting with an attorney by phone or in person.
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