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Home / Opinions / Courts / Court of Appeals, Southern District / Employment: Non-Compete-Enforceability

Employment: Non-Compete-Enforceability

Defendant appealed from the trial court’s judgment enforcing a non-compete covenant against defendant. On appeal, defendant argued that the non-compete was overbroad, that his acceptance of a subsequent job superseded his agreement containing the non-compete covenant, and that the non-compete was a prohibited restraint on trade under state law.

Where the non-compete entered in force when defendant left plaintiff’s employ, the trial court did not err in enforcing the non-compete when it found that none of defendant’s transfers within the company constituted a termination of his employment.

Judgment is affirmed.

MFA Oil Company v. Martin (MLW No. 74448/Case No. SD36063 – 9 pages) (Missouri Court of Appeals, Southern District, Rahmeyer, J.) Appealed from circuit court, Douglas County, Bock, J. (Ben Upp, Springfield for appellant) (Daniel Keith Wooten, Springfield for respondent)