Non-Competition and Non-Solicitation Agreements
Non-compete agreements and non-solicitation agreements are often enforceable in Massachusetts.
Non-compete agreements are typically used to prevent an individual from working for a competitor in a particular field, occupation or industry. The scope of the restriction, geographic area and period of time are significant and are carefully scrutinized by the courts when determining whether an agreement is enforceable.
Non-solicitation agreements are usually designed to prevent an employee or former employee from contacting and doing business with clients or customers of the former employer. These types of restrictions routinely include a restriction from soliciting employees or contractors of the former employer.
These types of contractual provisions are hotly disputed because once an individual’s employment ends, the former employee’s best employment options are often with a competitor. Many times, working for a competitor includes servicing customers or prospective customers of the former employer.
We suggest that employees consult with counsel before signing a non-competition agreement. Furthermore, we can provide assistance in finding ways to limit the enforceability of such agreements that have already been signed.