Legal Question in Business Law in Massachusetts
Non compete
I have a noncompete i need to sign for a 1099 contract job in massachussets. My concern is that the client is the commonwealth of massacheusetts - attorney general office. Does this agreement restrict me from doing 'any' state contract work or just for this branch?
5 Answers from Attorneys
Re: Non compete
You should direct this query to an attorney in the AG's office based on the language of the document, AG's published legal opinions, AG office policy, and MA case law. Good luck!
Re: Non compete
The first answer is on the right track, however, I would not limit the inquiry to the policy of the Massachussets AG. Ultimately, it's impossible to tell what the limitations are without reading the exact language of the contract.
Re: Non compete
Following up on the first two answers, two aspects to consider (as a general proposition, since each case turns on specific facts that probably shouldn't be published to a public forum): a.) specify in the contract what division of a company or state body to which it should apply; b.) the "employer" (general contractor) is limited in the scope of what they can reasonably require in a noncompete to protectable interests- it can't be used as a general restraint of trade - they can protect their confidential information and good will, but venturing beyond puts the agreement at risk of being unenforceable. With a true independent contractor relationship, there would be more leeway with the gc (because the relationship isn't quite the same - an IC can go elsewhere for work- treated more as an equal), so a more restrictive agreement might pass muster .
Re: Non compete
You need to show the agreement to an Attorney to make sure what the limitations of the non-compete are.
Is the non-compete with a company or the Commonwealth?
A company's concern may be that you may attempt to get work directly from the Commonwealth.
Please feel free to contact me if you have more questions.
Re: Non compete
It depends upon the terms and conditions of the contract;))
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