Legal Question in Business Law in Massachusetts

NON compete in MA

My non compete basicallly says i cant work with in a year of termination of employment, but there are no geographical restrictions so it seems unclear are they suggesting that i cant prform anywhere in the world if so this would be unreasonable in court woudnt it? and would an attorney take that into consideration and fight with it ! In the state of MASS


Asked on 7/14/08, 1:54 pm

2 Answers from Attorneys

Lawrence Graves Coolidge & Graves PLLC

Re: NON compete in MA

You will have to supply more facts to obtain advice that addresses your particular situation. As a general matter, you are correct that non-competition obligations must be reasonable in time and geographic scope; unless you sold a business, there is a general policy against keeping someone from working in his field. The extent of enforceability of non-competition obligations varies from state to state (for example, California basically invalidates them).

Best wishes,

LDWG

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Answered on 7/14/08, 2:02 pm

Re: NON compete in MA

A non-compete in MA may or may not be enforceable for a variety of reasons. If it was not signed at the time of employment or at the time you were promoted, then it is generally not enforceable.

Even if enforceable it cannot be so broad in terms as to deprive you of the ability to earn a living. Failure to put a reasonable area to the non-compete will be used to limit its enforceablity but may not make unenforceable altogether.

Without knowing all the facts surrounding the non-compete and being able to read it in full, there is no way to give you any meaningful advice.

I would contact an attorney to review the non-compete and give you some basic advice.

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Answered on 7/14/08, 2:33 pm


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