Legal Question in Business Law in Massachusetts
Non-Compete
I signed a non-compete back in 2000, since then my job has changed considerably and no new form was signed. Am I still under agreement with the original non-compete if I leave the company? Can I legally start a business of the same nature immediately? Also, if the original owners have sold to another party, how does this complicate things?
2 Answers from Attorneys
Re: Non-Compete
Without reading the non-compete, it is difficult to determine its enforceability. A change in jobs would not invalidate a non-compete necessarily nor would a sale to a new owner.
Key parts of a non-compete is the nature of the non-compete as to its length and scope. It cannot be so ownerous as to stop you from working in your field.
Also, when was the non-compete signed, as a condition of employment or afterward with a statement sign this or you will be fired. Was it signed as a condition of promotion from salesman to salesmanager? These are all facts that relate to whether it is enforceable.
Please feel free to call me if you have more questions. I would suggest you take the agreement to an attorney for review.
Re: Non-Compete
Answering your question without reviewing the employment contract is not easy. However, the Courts in Massachusetts have in the past few years construed non-competes somewhat more liberally and in favor of the employees - people are entitled to work. Generally, if the job description set forth in the employment contract has changed, that could typically start the clock running on the non-compete. I concur with the other poster's assessment . . . to give an answer without reviewing the document in question is not really possible.
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