Mississippi Noncompete Agreement: What's Included and Enforceability

Quick Facts — Noncompete Agreement Lawyers

Is a Non-Compete Agreement Enforceable in Mississippi?

Yes. Non-compete agreements are enforceable in Mississippi as long as the agreement is reasonable. The goal of a non-compete agreement is to balance the protection of an employer’s business interests with the employee’s right to work and earn a living.

In Mississippi a non-compete agreement is considered reasonable if it balances these interests. This means the agreements must limit an ex-employee from creating unfair competition, while also not being overly oppressive as to take away that employee’s opportunity to work.

How Long Does a Mississippi Non-Compete Agreement Last?

The maximum term for non-compete agreements are not set by statute but determined by the courts. The court will look at factors like the geographic boundary to decide whether the term of a non-compete is reasonable.

For example, in one case the court ruled that a non-compete with a 50 mile radius and a duration of six years was permissible. In another case, the court allowed a statewide non-compete that lasted two years.

How Do You Get Around a Non-Compete Agreement in Mississippi?

If an employee wants to get around a non-compete agreement in Mississippi, they must convince the court that the agreement is unreasonable and imposes an undue hardship.

In Mississippi, courts are permitted to “blue pencil” non-compete agreements to make the agreement enforceable. This is the practice of a court modifying or striking down certain parts of an unenforceable agreement to make it enforceable. While this won’t allow an employee to completely get out of an agreement, it will change the agreement in the employee’s favor to make it more reasonable.

What Voids a Non-Compete Agreement in Mississippi?

Like all contracts, the agreement must be entered into voluntarily and without fraud. If an employee is threatened or coerced to sign the non-compete agreement, or if the employer used false pretenses to get the employee to sign, the contract will be void and unenforceable.

Frequently Asked Questions

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Alan B. on ContractsCounsel
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Alan B.

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At Barker Law, we provide clients with superior service in trust, probate, and estate matters and litigation, contract drafting and review, outside general counsel services, negotiation, commercial litigation, and regulatory navigation. We confidently handle transactional and regulatory matters for businesses and individuals. As our feedback shows, we excel at meeting and exceeding our clients needs.

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William B. on ContractsCounsel
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William B.

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5 Yrs Experience
Licensed in MS AL, OK
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Presently, I am a civil rights and insurance litigation attorney with a focus on representation government entities. Prior to this, I’ve represented some of the largest financial institutions in the world in litigation.

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Employment

Noncompete Agreement

Missouri

Asked on Dec 12, 2023

Could someone go to jail if they are accused of fraud for never intending to not breaching his or her non compete non solicit contract?

I am really curious when employment contract can become criminal. Is it criminal to ask you coworker to come work with you, considering if you are accused of fraud for breaching non compete non solicit?

Matthew S.

Answered Dec 16, 2023

No, this at worst is a civil matter and not a criminal matter. F

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Asked on Jul 12, 2023

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I am a business owner who has recently acquired a new partner. We are in the process of drafting a Noncompete Agreement to ensure that neither of us will compete against each other in the same market. We are looking for advice on what should be included in the agreement and how it should be enforced.

Daniel D.

Answered Aug 4, 2023

The one thing to make sure with noncompete agreements is that it is reasonable in terms of duration and the area you cannot compete in. Courts use a reasonableness test to determine whether a noncompete agreement is valid. If provisions are deemed to be unreasonable and fail the test, they could be altered or struck out of the agreement.

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Noncompete agreement and public policy?

I recently accepted a job offer with a new employer who asked me to sign a noncompete agreement. I am concerned that the agreement may not be in line with public policy and wanted to get a professional opinion from a lawyer to make sure I am not putting myself in a difficult situation.

Merry K.

Answered Aug 8, 2023

If you are in Washington State, where I'm licensed, as opposed to D.C., please let me know what kind of help you are looking for - have you already signed the agreement? I've been a WA State attorney for nearly 38 years, and specialize in employment law.

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Venus C.

Answered May 30, 2023

Hello. I appreciate your concerns about signing a Noncompete Agreement. It's essential to protect your rights and ensure the agreement is fair and reasonable given that a noncompete typically restricts competing activities during or after the term of engagement. Without knowing more about the business relationship and reviewing the actual terms, whether the non-compete is fair, reasonable, or even enforceable remains an open-ended question. Bearing this in mind, if the noncompete is preventing you from taking on other clients during or after the end of your relationship (or both), the scope of this restriction must be reasonable in terms of time, geographic area, and the specific activities it seeks to prevent. For example, does the noncompete specify the types of clients, industries, or geographic areas that are off-limits? What is the duration of the noncompete? If the client breaches your main agreement, will that render your noncompete void and unenforceable? These are just a few general questions that require a thorough review and analysis against Florida non-compete laws. Overall, the ultimate goal is to carefully review the terms to understand how they might impact your ability to take on new clients. If you don’t understand or are unsure about the contractual terms and their legal implications, it's highly recommended you consult with an attorney who can review the noncompete and provide you with personalized legal advice before you sign.

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Asked on Jan 19, 2025

Can my employer enforce a non-compete agreement if I was laid off due to COVID-19?

Can my former employer legally enforce the non-compete agreement I signed when I was hired, considering I was recently laid off due to the economic impact of COVID-19 and the agreement seems to restrict my ability to find new employment in my field? I have been actively seeking new job opportunities in the same industry, but potential employers are hesitant to hire me due to the non-compete agreement, which restricts me from working for competitors or starting my own business in the same field for a certain period of time. I want to understand if the non-compete agreement is still valid and enforceable given the circumstances of my layoff and the current job market conditions.

Merry K.

Answered Jan 28, 2025

I'm sorry, but your question is impossible to answer without reviewing your contract and knowing more about your type of job and compensation. Be aware that terms in such agreements are often found to be non-enforceable. You can start by reviewing the Washington State law on point: https://app.leg.wa.gov/rcw/default.aspx?cite=49.62&full=true

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