Legal Question in Employment Law in Massachusetts

Good morning. If possible, I would like to challenge a non compete clause in my employee agreement.

I was employed by a medical device company, as a Sales Associate with the primary duties of service and support, not sales. A better opportunity presented itself to advance my career to a Sales Representative, which my current company could not offer at this time. This opportunity was with a competitive company.

I did not know that the non compete clause existed, and my manager and the three reps in Massachusetts never remember signing a non compete. It was never written in the employment offer letter, but was bundled into the Agreement relating to inventions, trade secrets, and confidential information with a convenant not to compete.

I did accept the new position, informed my manager of my intentions. He submitted my resignation which ended the 18th of June. The next afternoon I was informed that in fact, I had signed an Employee Agreement with a non compete clause, and the company will enforce the contract. I had mentioned that I would be willing to retract the resignation due to the unknown circumstances, it was denied. Today I received a call from my manager and Corporate decided to end my employment effective immediately.

At this point, the owner of the company I accepted the position from is in the process of challenging the non compete clause. I would like to challenge it as well on my behalf.

My question is can it be enforced under the circumstances? I was titled as a Sales Associate with duties of service and support role to equipment and the hospital, with no more knowledge than "ordinary competition". I was not involved in sales, client lists, financial decisions, and was dedicated mainly to one facility.

All I wanted was to advance my career, and now these actions will have a devastating impact on my livelihood.


Asked on 6/12/10, 7:20 am

1 Answer from Attorneys
William Harrington Law Office of William T. Harrington

Assume that it can be enforced it you signed it. However, your former employer may not in fact follow through with its threat to seek to enforce it. If you new employer wants you enough, it may be willing to pay your former employer money to release you from it. You are in a tough bind and hopefully your new employer stays by you. I cannot comment on whether the agreement is enforceable without looking at it, but in general, they are enforcible to the extent reasonable. If the new employer is a competitor, it will almost certainly be enforcable.

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Answered on 6/16/10, 8:08 am


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