Mississippi Non-Compete Agreement Template

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Updated July 28, 2022

A Mississippi non-compete agreement protects the interests of a business by prohibiting a terminated employee from working in a similar line of work. The scope, duration, and geographical area must be found to be reasonable.

Therefore, if the non-compete is for a wide-ranging area, the duration must be shorter, and vice-versa.

Legally Enforceable?

Yes, a non-compete is legal in Mississippi if it doesn’t grant “unfair competition by an ex-employee as well as by unreasonable oppression by an employer.”

Source: Texas Road Boring Co. of Louisiana-Miss. v. Parker (1967))

Attorneys (prohibited)

No attorney in Mississippi may enter into a non-compete that restricts their rights to practice law after the termination of an agreement.

Source: Miss. R. Prof’l. Cond. 5.6

Continued Employment

Continued employment has been ruled as sufficient consideration by the Supreme Court of Mississippi.

Source: Frierson v. Sheppard Bldg. Sup. Co. (1963), Raines v. Bottrell Insurance Agency, Inc. (2008)

Maximum Term

2 sample non-compete cases are listed below:

Blue Penciling

A court in Mississippi may apply a “blue pencil” approach to a non-compete covenant that is unenforceable and enforce its reasonable terms.

Source: Hensley v. E. R. Carpenter Co., Inc. (1980)