Non-Competition Agreements
Experienced Non-Compete Agreement Attorneys Serving Biloxi and the Mississippi Gulf Coast
Non-compete agreements are a critical tool for Mississippi business owners seeking to protect trade secrets, client relationships, and competitive advantages when key employees depart. However, creating an enforceable non-compete requires careful legal drafting. If the terms are too broad or restrictive, the agreement may not hold up in court—leaving your business exposed.
At Rushing & Guice, our experienced non-compete agreement attorneys understand the legal nuances of Mississippi employment law. We help employers draft, review, and enforce non-competition agreements that strike the right balance between protecting legitimate business interests and respecting employee rights. Whether you’re a business owner looking to safeguard your company or an employee facing a non-compete dispute, our team provides clear, strategic legal guidance backed by decades of experience.
Rushing & Guice serve clients across the Mississippi Gulf Coast and beyond. Contact us today at (228) 374-2313 or fill out our online form to schedule a consultation.
Understanding Mississippi Non-Competition Agreements
In Mississippi, a non-competition agreement—commonly called a non-compete—is a legally binding contract that restricts a former employee from working for a competitor or starting a competing business for a defined period and within a specific geographic area. These agreements are enforceable under Mississippi law, but only if they are carefully drafted to meet strict legal standards.
What Makes a Non-Compete Agreement Enforceable in Mississippi?
To be enforceable, a non-compete agreement must be:
- Reasonable in Duration: Generally, courts in Mississippi consider a non-compete valid if it lasts no more than two years.
- Limited in Geographic Scope: The agreement must be confined to areas where the employer actively does business or where the employee had influence during their tenure.
- Narrow in Scope of Restricted Activities: It should only prohibit competitive activities directly related to the employee’s former role—not overly broad restrictions that limit future career opportunities.
Legal Limits and Employee Protections
Mississippi law places important limits on the use of non-compete agreements:
- Low-wage employees typically cannot be bound by non-competes.
- Agreements must not bar individuals from working in their profession entirely.
- Consideration must be provided to the employee such as a bonus, promotion, or continued employment—in exchange for signing the agreement.
Case-by-Case Enforcement
Courts in Mississippi assess non-compete disputes individually, weighing the facts of each case. Key factors include the employee’s role, the agreement’s restrictions, and whether the terms are necessary to protect the employer’s legitimate business interests.
Drafting a Legally Sound Non-Compete
To ensure a non-compete agreement is both enforceable and effective, Mississippi businesses should seek legal counsel before drafting or enforcing one. At Rushing & Guice, our attorneys help employers craft legally compliant agreements that protect proprietary information without overreaching. We also advise employees on their rights when facing restrictive covenants.
Mississippi Courts Look Skeptically at Non-Competes
Mississippi courts are generally cautious—and often skeptical—when reviewing non-compete agreements. The Mississippi Supreme Court has consistently emphasized that such agreements, while not inherently unenforceable, must not impose unreasonable restraints on an individual’s right to work or earn a living. This perspective was notably reinforced in Cain v. Cain, 967 So.2d 654 (Miss. Ct. App. 2007), where the court reiterated that restrictive covenants are disfavored because they can limit economic freedom and act as restraints on trade.
Because of this judicial stance, non-compete agreements in Mississippi are subject to strict scrutiny. The burden falls squarely on the employer to prove that:
- The restrictions are reasonable in scope, geography, and duration.
- The agreement protects a legitimate business interest, such as trade secrets, customer relationships, or proprietary information.
- The limitations do not go beyond what is necessary to safeguard those interests.
Mississippi courts enforce only those non-compete agreements that are carefully drafted and clearly justified. Broad or overly punitive restrictions are likely to be struck down.
Why Employers Must Exercise Caution
To stand up in court, a non-compete agreement must reflect a fair balance between protecting a company’s economic interests and respecting the employee’s right to future employment. This means businesses should work with experienced legal counsel to:
- Tailor the agreement to the specific role and industry,
- Limit restrictions to what is truly necessary, and
- Ensure the terms are not vague, punitive, or overly broad.
At Rushing & Guice, we help businesses create non-compete agreements that are both enforceable and equitable, reducing the risk of legal challenges while protecting what matters most.
What Is Considered “Reasonable” in a Mississippi Non-Compete Agreement?
The enforceability of a non-compete agreement in Mississippi ultimately depends on whether its restrictions are reasonable. However, because there is no specific statute governing non-compete agreements in the state, courts evaluate reasonableness on a case-by-case basis, guided by broad legal principles rather than rigid rules.
As established in Empiregas, Inc. of Kosciusko v. Bain, 599 So.2d 971, 975 (Miss. 1992), “the validity and therefore, the enforceability of a non-competition provision is largely predicated upon the reasonableness and specificity of its terms—primarily, the duration of the restriction and its geographic scope.”
How Courts Define “Reasonably Necessary”
For a non-compete agreement to be enforceable in Mississippi, it must:
- Protect a legitimate business interest of the employer,
- Impose no greater restrictions than necessary, and
- Avoid creating undue hardship for the employee or the public.
Mississippi courts will weigh:
- The type of business and the employer’s market reach,
- The employee’s role, responsibilities, and access to sensitive information,
- The length of time and geographical area covered by the agreement.
What is reasonable in one case may be excessive in another. For instance, a two-year statewide restriction could be upheld for a senior executive with specialized knowledge, while a six-month restriction within a 20-mile radius might be invalidated if applied to a lower-level employee with no access to trade secrets.
Why Legal Guidance Matters
Because “reasonableness” is not a fixed standard, employers should consult with experienced legal counsel to tailor non-compete agreements to the specific facts of each employment relationship. At Rushing & Guice, our attorneys assess enforceability risks in advance—so your business stays protected without crossing legal lines.
Enforceability Checklist for Mississippi Non-Compete Agreements
| Element | More Likely Enforceable | More Likely Unenforceable |
|---|---|---|
| Duration | Up to 2 years, depending on role and access to sensitive information | Longer than 2 years without strong justification |
| Geographic Scope | Limited to area where employer does business or where employee worked | Statewide or multi-state if unjustified by business reach |
| Restricted Activities | Narrowly tailored to the employee’s actual job duties | Overbroad restrictions covering unrelated work or industries |
| Employee Compensation | Agreement includes valid consideration (e.g., bonus, promotion) | No additional benefit provided at the time of signing |
| Employee Role | Applies to high-level employees with access to confidential info | Applies to low-wage or entry-level workers |
| Public Interest | Does not unreasonably hinder the employee’s ability to earn a living | Effectively prevents employment in their field or profession |
What Can I Do if My Former Employer is Trying to Enforce an Unfair Non-Compete Provision in Mississippi?
If your former employer is attempting to enforce an unfair non-compete agreement, you may have several legal options. One potential course of action is to seek a declaratory judgment, which allows you to ask a court to determine whether the non-compete provision is enforceable. By pursuing this route, you can force your employer to justify the fairness of the non-compete terms. In addition, if the non-compete is deemed unenforceable, you may be able to seek damages for any financial harm caused by your employer’s attempt to enforce the provision. It’s crucial to consult with an experienced attorney to navigate the complexities of Mississippi’s laws on non-compete agreements and safeguard your rights.
Benefits of Challenging Unfair Non-Compete Agreements
If you’re bound by an unreasonable non-compete agreement, challenging it can be crucial to protecting your career and financial future. Successfully contesting an overly restrictive agreement can help you:
- Regain Career Freedom – Work in your chosen industry without unnecessary limitations.
- Avoid Legal Risks – Prevent disputes with future employers who may hesitate to hire you due to restrictive clauses.
- Protect Your Skills & Experience – Ensure you can leverage the expertise gained from prior employment without undue restrictions.
At Rushing & Guice, PLLC, we help employees evaluate the enforceability of non-compete agreements and take legal action when necessary. Our team provides the support needed to safeguard your rights and future opportunities.
Contact Rushing & Guice, PLLC Today
At Rushing & Guice, experienced business counsel is a phone call away. Call us at (228) 374-2313 or fill out our online form to arrange for an initial consultation. We look forward to hearing from you and look forward to the opportunity to serve as your attorneys.
This website has been prepared by Rushing & Guice, P.L.L.C. for informational purposes only and does not, and is not intended to, constitute legal advice. The information is not provided in the course of an attorney-client relationship and is not intended to substitute for legal advice from an attorney licensed in your jurisdiction.
