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By John Ashcroft Institute for Constitutional Studies

An employer could enforce a non-compete agreement in a terminated employee's contract when the employee left the company after 12 years even though the employee contended that an attachment to the contract made it good for only the first year of employment. The employer could also seek relief under the Missouri Uniform Trade Secrets Act, sections 417.450 et seq. RSMo 2000 (MUTSA)even if the parties had no trade secret agreement.
Wilson Manufacturing Company, Plaintiff/Appellant/Cross-Respondent v. Edward A. Fusco, Defendant/Respondent/Cross-Appellant. ED89661 & ED89912 05/20/2008
Circuit Court of Audrain County, Hon. Dan Dildine
Wilson Manufacturing Company appeals from a judgment in Edward Fusco's favor on Fusco's, a former employee, claims for injunctive relief for breach of a covenant not to compete contained in an employment agreement and for violation of the Missouri Uniform Trade Secrets Act. The trial court concluded that the employment agreement incorporated a document entitled "Schedule A" for all purposes, that the one-year duration of Schedule A applied to the employment agreement and that the employment agreement was no longer in effect when employee resigned 12 years after executing the employment agreement.
REVERSED AND REMANDED.
The employment agreement incorporated Schedule A only for the limited purpose of clarifying salary and other compensation. The one-year duration of Schedule A was not incorporated into the employment agreement, which was of unlimited duration. The employment agreement did not expire after one year and was in effect when Fusco resigned from employment.
2. An employer can establish a Missouri Uniform Trade Secrets Act, sections 417.450 et seq. RSMo 2000 (MUTSA) claim against an employee for misappropriation of trade secrets irrespective of whether the parties have an agreement prohibiting disclosure.

Full post as published by Showmeblawgs on May 26, 2008 (boomark / email).