Legal Question in Employment Law in Massachusetts

I work in Massachusetts for a large provider of substance abuse treatment services. I worked there for 14 years, left 3 years ago for a few months and then returned, but upon return they required I sign a "non-compete agreement" which indicates I can't work for another provider of substance abuse treatment services in the state of Massachusetts for 2 years after termination of employment. I have recently been offered a much larger position with a national company that has 2 of 5 locations in Massachusetts providing similar services and considered "competition" of my current employer. The nature of my job is oversights of data collection systems, systems to ensure regulatory compliance and similar administrative functions. I am not considered a member of "leadership" where I am involved in strategic planning or organization wide decision-making, nor an I or have I ever been involved in development of a product for the company. Is this non-compete agreement going to be enforceable where it would legally prevent me from accepting this new job offer?


Asked on 9/22/17, 8:41 am

1 Answer from Attorneys

Non-Competes are enforceable in MA and two years is not an unreasonable time period. The issue would be is the entire state a reasonable area to cover. You can work for another company, provided it is not a substance abuse provider. Without reading the non-compete it would be difficult to make a complete judgment on the non-compete's enforceability. Likewise, it would be difficult to determine if given the nature of your work whether it should be covered by a non-compete. I suggest you contact an employment attorney in your area who is familiar with non-compete agreements.

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Answered on 9/22/17, 8:51 am


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