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.


Asked on 6/25/07, 10:21 pm

1 Answer from Attorneys

Edward Wiest Edward R. Wiest, PC

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.

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Answered on 6/25/07, 11:16 pm


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