Recent Massachusetts Cases Reveal Breadth of Noncompete Law
This is an article of mine published July 16, 2012, that appears at my website (www.ExecutiveEmploymentAttorney.com )along with other articles of mine at http://www.executiveemploymentattorney.com/Practice-Areas/Articles.shtml .
The article indicates that employers in many industries seek to protect themselves from unfair competition that would arise from employees using company knowledge or contacts to create or join a competing business, and that employees entering into employment agreements and later seeking to change positions need to be aware of the scope and coverage of non-compete agreements in Massachusetts.
The article further indicates that to protect companies, Massachusetts law has long held that an employment contract can include a provision restricting trade or competition for the employee after the employment ends, if:
- The employer needs the restriction to protect its legitimate business interests
- The restriction is reasonably limited in time and space
- The restriction doesn’t violate public interest
What is reasonable depends on the facts in each case. The article then discusses three noncompete cases decided this year in Massachusetts which reveal how varied such cases can be.
- Are you an employer seeking to draft or enforce a noncompete?
- Are you are an employee or executive reviewing a job offer or employment agreement with a non-compete provision and need advice on terms or its enforceability?
- Have you been terminated or face termination and have similar concerns?
In any of those cases, if you have questions or need assistance, please let me know.