Legal Question in Employment Law in Massachusetts

Does this mean that I cannot do my same job for any other company? Foe example, I am in Insurance sales and signed the non compete below - does this mean that I cannot do sales for any other insurance company for 1 year?

"Competitive Employment. While employed by the Company and for one (1) year after the termination of my

employment for any reason, I will not, within the United States or any country in which the Company or a licensee

of the Company is then operating or preparing to operate, (i) directly or indirectly participate, in a way that is

materially in competition with the Company, in the ownership, control or management of any business that

competes with the business of the Company, or (ii) be employed by or otherwise provide services to any such

business in any capacity such that my job duties would make such employment competitive with the business

interests of the Company"


Asked on 6/26/12, 9:15 am

1 Answer from Attorneys
J. Whitfield Larrabee J. Whitfield Larrabee

The non-compete agreement you cite is unusually broad. Without seeing the entire agreement, no definitive opinion can be provided. Usually, under Massachusetts law, non-competes must be quite limited in terms of the geographic area involved. Assuming Massachusetts law governs your agreement, you might be able to argue that the non-compete is void due to it being overly broad.

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Answered on 6/26/12, 10:27 am


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