A Mississippi Non-Compete Agreement is a contract that allows a business to hire employees without having to worry about their confidential business information being exposed.
Is a Non-Compete Legally Enforceable in Mississippi?
Yes, a non-compete agreement in Mississippi is enforceable. An employer can use a non-compete agreement to protect their business information from being shared with competitors. An employer can also use a non-compete agreement to prevent employees from working for a competitor in a particular geographic area for several years.
Reasonable Use and Exemptions
For Mississippi non-compete agreements to be legally enforceable, they must be reasonable regarding time and space. This means that they cannot create undue hardship for their employees, and they cannot act against the public interest. If a judge deems a non-compete agreement overly broad or creates unnecessary burdens, it might be thrown out.
- Enforceable when terminated without cause? Yes, absent bad faith or arbitrary basis for termination
- Employee non-solicitation agreement permitted? Yes
- Customer non-solicitation agreements permitted? Yes
- Does continuing employment equal sufficient consideration? Yes
Non-Compete Agreement Mississippi Limitations
Certain limitations can be included in a Mississippi non-compete agreement. Most of these limitations generally concern the public interest and the burden the agreement places on the employee. If a non-compete agreement is deemed injurious to the public interest, it might not be enforceable. In addition, if a non-compete agreement is overly harsh against an employee, a judge might throw it out.
Time Limitations
In the event of a breach of a non-compete agreement in MS, you have up to 3 years to bring a lawsuit.
Geographical Limitations
There are no specific laws related to geography regarding Mississippi non-compete agreements. On the other hand, remember that non-compete agreements can not be overly harsh or restrictive on employees. The agreement could be thrown out if a judge decides that is the case.
Mississippi Non-Compete Agreement Sample
If you are writing a non-compete agreement in Mississippi, take a look at our Mississippi non-compete agreement template, which is available in Word and PDF:
