Search Site
Non-Compete Covenants


Non-Compete Covenants in Mississippi

Non-compete covenants or non-compete clauses can act as legal and practical protective measures for companies. Non-compete covenants typically restrict an employee from working for the competition in the interest of preserving trade secrets, client lists, and business plans. Under Mississippi law, a non-compete covenant must not unduly restrict trade and must generally serve a legitimate, protectable business interest. When drafted properly, non-compete covenants can protect business from losing the intellectual property and client relationshipss they have worked so hard to build. However, a non-compete agreement that is either too broad or too narrow will not be enforceable under the law. This is why it is important to speak to a non-compete covenant lawyer if you wish to protect your business using a non-compete clause. The Heilman Law Group, PA are attorneys in Jackson, Mississippi who may be able to assist you in drafting a non-compete clause that will be more likely to be enforced should it need to be taken to court.

What Are the Elements of a Strong Non-Compete Covenant in Mississippi?

A non-compete covenant must be enforceable in order for it to be valid in Mississippi. The Mississippi courts generally read non-compete covenants with strict interpretation of the law, meaning that the company must prove that the non-compete agreement balances protecting free trade and a company’s legitimate business interests. What should a non-compete agreement contain?

• A timeframe: The timeframe for the non-compete covenant must be reasonable and every industry has its own standards. A non-compete covenant lawyer can help you understand what timeframes are reasonable for your industry.

• Limit the clause to a narrow scope: A clause that restricts an employee from working with customers or clients of the employer will be more likely to be upheld than a non-compete clause that restricts the employee from working in the field altogether.

• Consider whether the employee will receive severance: When a non-compete covenant is accompanied by severance pay that reasonably covers the employee for the period the non-compete is in effect, the non-compete clause will be more likely to be seen favorably.

• Reasonable geographic scope: Consider the areas you want the covenant to be in effect. National non-compete covenants are often used by companies with international interests. It can be difficult to enforce non-compete covenants across state lines.

Non-compete covenants can protect your client list and your business when properly drafted. They can also serve as a deterrent from employees using trade secrets elsewhere. However, in order for a non-compete covenant to be enforceable, it must have proper scope and clear wording. A non-compete covenant attorney like the lawyers at the Heilman Law Group, PA may be able to help you protect your business.

Non-Compete Covenant Lawyer for Employees

According to the New York Times, non-compete covenants have “become pervasive and standard” in many industries. In some cases, these clauses are tucked away in employment contracts. In other cases, workers are so desperate to enter a field and find employment, they sign non-compete agreements unaware they may be signing away important rights. If you are an employee and have signed a non-compete agreement, it is important to understand the scope of non-compete agreements within the law. Mississippi law protects free trade and, in order for a non-compete to be enforceable, it must be reasonable in scope.

Yet, before you sign away on the bottom line, consider the following:

• Is the non-compete clause reasonable in regional scope?

• Are you being barred from working in the whole industry, or just for a few competitors?

• How long does the non-compete agreement last? Anything more than a year, may be too long.

• Under what terms is the non-compete binding? For instance, some non-compete clauses are only binding if you leave.

• Are you required to pay legal fees if the company takes you to court?

If you are unsure about whether a non-compete agreement will limit your ability to work in a field, it may be wise to consult with a non-compete covenant lawyer before signing away important rights in your employment contract. You can always negotiate the terms, especially if you want the job. Contact the Jackson, Mississippi non-compete covenant lawyers at the Heilman Law Group, PA today.

Facing a Challenge to a Non-Compete Covenant? Contact A Lawyer Today

Non-compete covenants often serve to protect a company’s most valuable assets—whether these are client lists, trade secrets, training secrets, or other assets. If you are facing a challenge to a non-compete covenant in Jackson, Mississippi, a non-compete covenant lawyer may be able to help you. At the Heilman Law Group, PA, we can, review your non-compete covenant to make it more likely to be enforceable in court. We can also offer advice on your rights if you are considering suing a former employee for breaching a non-compete covenant. If you are facing challenges in Jackson, Mississippi, contact the Heilman Law Group, PA to learn more about your options.

Contact us

Please fill out the form below and one of our attorneys will contact you.

Quick Contact Form

Our Office
  • Jackson Office
    4266 I-55 North
    Suite 106
    Jackson, Mississippi 39211
    Phone: 601-914-1025
    Fax: 601-944-2915
Ratings and Reviews