Missouri Bar Examination (Uniform Bar Examination — MBE Component)

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Task: Draft a non-compete clause for an employment contract. Fact Pattern: Client C is hiring a new employee and wants to include a non-compete clause in the contract to prevent the employee from working for a competing company within a 50-mile radius for one year after leaving Client C’s company. Which of the following provisions is most likely to be enforceable in Missouri?

The non-compete clause should be unlimited in duration to ensure maximum protection. The clause should be limited to a reasonable time period and geographic scope that reflects the employee's access to sensitive information. The clause should prohibit the employee from working in any industry related to Client C’s business. The clause should only be applicable if the employee voluntarily resigns from Client C.

Correct Answer:

The clause should be limited to a reasonable time period and geographic scope that reflects the employee's access to sensitive information.

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