Are noncompete agreements enforceable in Massachusetts?

Are noncompete agreements enforceable in Massachusetts?

Non-compete agreements have recently come under attack across the country, both at the state and federal levels. Massachusetts passed legislation in 2018 that imposed additional requirements on employers in order for their non-compete agreements to be enforceable, including additional consideration and limits on scope.

Is a 3 year non-compete Legal?

A Non-Compete Agreement can’t last forever, so an employer must put a reasonable period in the agreement. A reasonable amount of time for a non-compete can be anywhere between 6 months to 2 years, and the amount of time the employer chooses will depend on the type of work and the industry.

What is a reasonable distance for a non-compete?

Most non-compete contracts prohibit competitive activity by the ex-employee within a certain number of miles of the employer’s business. The typical language prohibits competitive activity within a 15 to 25 mile radius of the employer’s business.

What happens if you break your non-compete?

In general, if you violate a non-compete agreement that is valid and enforceable under state law, it is likely that the employer (a party to the non-compete agreement) will file either a lawsuit for money damages against you for any actual losses suffered by your employer, or a lawsuit against you seeking to enforce …

Is there a non compete law in Massachusetts?

It’s not specific to Massachusetts, but provides substantive resources on the topic, including 50-state surveys, and The Changing Landscape of Trade Secrets Laws and Noncompete Laws Around the Country. Massachusetts legislature passes long-awaited non-compete law, Bowditch, August 2, 2018.

What happens if you breach a non-compete agreement?

Remedies for breach of a non-compete agreement include money damages and injunction to prevent the breaching employee from working for another employer or engaging in a competing business. If you need help with questions like “Are non-compete agreements enforceable in Massachusetts?” you can post your legal need on UpCounsel’s marketplace.

What is the noncompetition agreement act of 2004?

MGL c.149, § 24L Massachusetts Noncompetition Agreement Act These laws ban noncompetition agreements for certain professions: Boulanger v. Dunkin’ Donuts, Inc. , 442 Mass. 635 (2004) Under the circumstances, “covenants not to compete signed by the plaintiff as part of his franchise agreements with the defendant were enforceable.”

What does forfeiture for competition agreement mean in Massachusetts?

“Forfeiture for competition agreement”, an agreement that by its terms or through the manner in which it is enforced imposes adverse financial consequences on a former employee as a result of the termination of an employment relationship if the employee engages in competitive activities.