A non-solicitation agreement is a restrictive covenant in which a worker promises not to solicit a former employer's customers or employees for a set period after leaving. Unlike a non-compete, it does not bar the worker from competing or taking a job with a rival — it only restricts pursuing those protected relationships. Because it restrains less of a person's livelihood, Missouri courts often find a non-solicit easier to enforce than a full non-compete.
How a non-solicitation agreement works in Missouri
A non-solicit comes in two main forms, and an agreement may include either or both. A customer non-solicitation bars the worker from soliciting or diverting the employer's customers, protecting the goodwill the employer built. An employee non-solicitation (anti-raiding) clause bars the worker from recruiting or hiring away the employer's other employees, protecting a stable, trained workforce.
Missouri's restrictive-covenant statute, RSMo § 431.202, addresses non-solicitation of customers and employees and validates reasonable covenants that protect a recognized interest, such as customer goodwill, supplier relationships, trade secrets, or a stable workforce. Even so, a covenant must still be reasonable in time and scope to be enforced.
It helps to distinguish three related tools. A non-compete restricts working for a competitor at all and is the most heavily scrutinized. A non-solicit is narrower, restraining only solicitation of protected relationships. A confidentiality agreement or NDA protects information from use or disclosure. Because a non-solicit intrudes less on the right to earn a living, it is generally the easiest of the restrictive covenants to uphold.
Why it matters
For employers, a well-drafted non-solicit protects the customer relationships and workforce the business invested in, often with less litigation risk than a non-compete. For employees, it matters because a non-solicit usually lets you take a competing job; what you cannot do is pursue the specific customers or coworkers it covers. Knowing which conduct is actually restricted — and reading the exact wording before signing — helps both sides avoid a costly dispute later.
Frequently Asked Questions
Are non-solicitation agreements enforceable in Missouri?
Yes, when they are reasonable and protect a legitimate interest such as customer goodwill, supplier relationships, trade secrets, or a stable workforce. RSMo § 431.202 validates reasonable customer and employee non-solicitation covenants, and they are generally easier to enforce than a non-compete.
How is a non-solicit different from a non-compete?
A non-compete bars you from working for a competitor at all within a time and area. A non-solicit only bars you from soliciting the employer's customers or employees, so you can usually take a competing job — you simply cannot pursue the protected relationships.
Does a non-solicit stop me from working in my field?
Generally no. A non-solicitation agreement restrains solicitation, not employment. Unlike a non-compete, it does not by itself prevent you from taking a job with a competitor, though you should still read the precise wording of your agreement.
Legal Disclaimer
This page provides general legal information about Missouri law and is not legal advice. It does not create an attorney-client relationship. Every situation depends on its own facts, deadlines, and documents; consult a qualified Missouri attorney before acting.