A Former Employee Is Soliciting My Clients (Missouri)

If there is a signed non-solicit, Missouri enforces reasonable customer non-solicitation covenants under the same statute as non-competes, RSMo § 431.202, and these are often easier to enforce than a full non-compete because they are narrower — the person can keep working, they just can't poach your clients. And even if there is no agreement at all, you may still have a claim if the former employee walked out with your confidential information, like a customer list or pricing. The one thing not to do is freeze. If clients are actively leaving, the calendar is working against you.

First, find the signed agreement and read it closely

Before you draft an angry email, get the document in front of you. What it says — and how it was signed — determines whether you have a strong claim or none at all.

• Locate the executed copy. Check the personnel file, the onboarding packet, and any offer letter or separation agreement. You need the version the employee actually signed, not a blank template.
• Identify the covenant type. A customer non-solicitation clause bars them from soliciting your clients. Confirm whether you have that, a broader non-compete, a confidentiality clause, or some combination.
• Read the exact words. "Solicit," "divert," and "do business with" are not the same. A clause barring active solicitation is narrower than one barring all doing business with your accounts. The wording controls.
• Check who it covers. Many well-drafted non-solicits reach only the customers the employee personally serviced or learned about — not every account you have. Note which clients fall inside.

Confirm the agreement is enforceable under § 431.202

A signed agreement is the starting point, not the finish line. Missouri still applies a reasonableness test, so look at it the way a court would.

• Protectable interest. The covenant has to protect something the law recognizes — your customer goodwill, the relationships, trade secrets, or confidential information — not just shield you from ordinary competition.
• Reasonable scope. Restrictions tied to the specific customers the employee actually dealt with hold up far better than blanket bans on every client you've ever had.
• Reasonable duration. Shorter terms (often around one year) are the safest; longer terms draw more scrutiny.
• Adequate consideration. The employee had to get something of value for signing — initial employment at hiring, or, for a mid-employment covenant, continued at-will employment can suffice.

Here's the reassuring part: even if your covenant is somewhat overbroad, Missouri courts can "blue-pencil" it — shortening the duration or narrowing the customers it covers — and enforce the reasonable core rather than throwing the whole thing out. An imperfect agreement is not necessarily a dead one. The statute also won't bind an employee who provided only clerical or secretarial services, so confirm the role.

Figure out how they're reaching your clients

Step back and ask the practical question: how does this former employee even know who to call, and what to say? The answer often reveals a second, independent claim.

• Did they take data? A downloaded customer list, exported contacts, pricing sheets, or account histories are red flags. If they're using misappropriated confidential information, you may have a claim under the Missouri Uniform Trade Secrets Act (RSMo § 417.450, Chapter 417) — even with no signed agreement at all.
• Or just their memory? Be honest with yourself here. Absent a signed agreement or trade-secret theft, a former employee in Missouri is generally free to compete for customers, including ones they knew while working for you. That's the default, and it's worth knowing before you spend money chasing it.
• Is the new employer involved? If a competitor knowingly induced the breach of a valid agreement or directed the use of your data, you may have a tortious interference claim against that company in addition to your claim against the individual.

Knowing whether you're dealing with a non-solicit breach, trade-secret misuse, both, or neither tells you exactly which tool to reach for.

Preserve evidence before it disappears

Whatever route you take, your case is only as good as your proof — and digital trails get wiped quickly once people sense a dispute.

• Lock down devices and logs. Preserve any company laptop or phone the employee used, plus email, CRM, and download or access logs that might show what was copied before they left.
• Document the contacts. Save the emails, texts, or voicemails your clients received from the former employee. Ask cooperative clients what was said and who reached out first.
• Track the losses. Note which accounts have left or wavered, and what that revenue was worth. This supports both an injunction and a damages claim.
• Issue a litigation hold. Tell your team in writing to preserve relevant records, and don't delete or overwrite anything yourself.

Send a cease-and-desist, then move fast on an injunction

Once you know what you have, act decisively. These disputes move in days, not months, because the harm — clients walking out the door — is ongoing.

• Send a cease-and-desist letter. A clear written demand that the former employee (and, where appropriate, the new employer) stop soliciting your clients and return or destroy any confidential information often ends it. It also strengthens your position if you have to escalate.
• Seek a TRO and preliminary injunction. If clients are actively leaving, you can ask a court for a temporary restraining order and then a preliminary injunction to halt the solicitation while the case proceeds. To win, you'll generally need to show a protectable interest, a reasonable covenant (or trade-secret misuse), a likelihood of success, and irreparable harm.
• Pursue damages. You can also seek monetary damages for the profits lost when diverted clients took their business elsewhere — and trade-secret remedies if your confidential data was misused.
• Don't wait. Because injunction timelines are measured in days, the time to call a Missouri attorney is when you first learn what's happening, not after the quarter closes.

Frequently Asked Questions