Legal Question in Civil Litigation in Massachusetts
Confidentiality/Non-Compete - change in work status
I am curious if a confidentiality/non-compete agreement signed back in 2003 will still stand now given that I was full time until 2006 then changed to part-time employee. If my status changes, does the initial confidentiality agreement still hold up in court? Thanks for your help.
1 Answer from Attorneys
Re: Confidentiality/Non-Compete - change in work status
The enforcement of a confidentiality agreement is always something of a roll of the dice, dependent on facts and circumstances unique to each case. A mere reduction in hours would not, in my view, be enough to render a confidentiality obligation imposed as a condition of employment unenforceable. The answer might be different, however, were an employee moved to contractor status or there was no guarantee of a specific number of hours per pay period after the change from full-time status.