Missouri Court of Appeals holds duty not to compet…
Missouri Court of Appeals holds duty not to compete during employment need not be expressed in a contract.
In Pollock v. Berlin-Wheeler, Inc., the court held that “An agent’s duty not to compete with its principal is an implied-in-law term of an agency contract,” and is not waived by a merger clause that applies only to the “agreement of the parties.” This duty “is a constructive term of every employment contract, unless waived by the parties.”
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