Non Compete Lawsuit Defense
Navigating Non-Compete Lawsuits in Massachusetts: What You Need to KnowMany employees in Massachusetts have entered into non-compete agreements without fully realizing the implications. It can be a shock to receive a lawsuit claiming a violation of your contract when you decide to leave your current job and accept a new one. Non-compete lawsuits often come with requests for immediate court action, leaving you with very little time to respond to the suit.
In some cases, the plaintiff may also threaten to sue your new employer for interfering with your contract, adding to the complexity and stress of the situation. However, our experienced non-compete lawyers have dealt with these scenarios many times and are here to provide guidance and assistance. Understanding the Court Papers You've ReceivedMost likely, you have received a document called a "summons," specifying the time you have to respond. It should be accompanied by a document known as a "complaint" or a "verified complaint," outlining your former employer's claims and legal arguments. In non-compete cases, you might also receive a motion for a preliminary injunction and a "short order of notice," setting a court date, usually within a short timeframe, for you to explain why an injunction should not be issued.
For those not well-versed in legal terminology, understanding these documents can be challenging. In simple terms, a civil lawsuit typically involves a complaint, a response time (usually 20 days), and, if an injunction is sought, a shorter response period. Seeking immediate advice from an employment lawyer is crucial. What to Do First in a Non-Compete LawsuitThe first and most critical step is to consult with an employment lawyer immediately, especially if there's a request for a preliminary injunction. You may have only a few days to prepare a response and present your case in court.
Next, gather and preserve all relevant documents, including emails, related to both your previous and current jobs. This information will be essential for your defense, and failing to preserve evidence can lead to serious consequences. |
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Questions About a Non Compete Agreement?
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Responding to the Complaint
Rest assured that while this may be a new experience for you, it's a familiar process for us. Here's our approach to addressing lawsuits and preliminary injunction requests:
- We assess your agreement and inquire about your previous and current jobs to determine the likelihood of the court enforcing the contract against you.
- We explore any potential legal claims you may have against your former employer, such as wage and hour violations or unlawful termination.
- We consider alternative resolutions through negotiation, aiming to reach an agreement that satisfies all parties' needs.
- If a settlement cannot be reached, we are prepared to fight your case, guiding you through the process, including assembling evidence, making legal arguments, and representing you in court.
Will Your Employer Obtain an Injunction?
The likelihood of your employer obtaining an injunction depends on several factors. To secure an injunction, they must prove two key points: first, that they are likely to succeed in their claim that your agreement is enforceable and being violated, and second, that they face immediate, irreparable harm that cannot be adequately compensated through monetary damages.
Your defense strategy should focus on undermining the merits of their case. We compile evidence and arguments to demonstrate that the agreement is unenforceable, not compliant with Massachusetts law, or that the job you've taken does not fall within the contract's terms. If your agreement was signed after the new Massachusetts non-compete law took effect in October 2018, there are additional grounds for it to be considered unenforceable. Additionally, if you were classified as an independent contractor, you may have additional bases to challenge the contract.
Your defense strategy should focus on undermining the merits of their case. We compile evidence and arguments to demonstrate that the agreement is unenforceable, not compliant with Massachusetts law, or that the job you've taken does not fall within the contract's terms. If your agreement was signed after the new Massachusetts non-compete law took effect in October 2018, there are additional grounds for it to be considered unenforceable. Additionally, if you were classified as an independent contractor, you may have additional bases to challenge the contract.
Meet Our Employment and Non Compete Lawyers
Emily Smith-Lee is the owner and founder of slnlaw. She is a 1996 graduate of Boston College Law School. She was previously a partner at the Boston office of a large international firm, where she worked for thirteen years before starting the firm that became slnlaw in 2009. She has been recognized as Massachusetts Superlawyer each year since 2013, and in 2018 earned recognition as one of Massachusetts Lawyers Weekly's Lawyers of the Year. She has written a book on employment law: Rules of the Road, What You Need to Know About Employment Laws in Massachusetts, been interviewed by the Massachusetts Superlawyers magazine about non compete agreements, and written an op-ed in the New York Times about the dangers of non competes. Along with the rest of the slnlaw team, she has helped hundreds of clients navigate, negotiate, or defend against their non compete agreements.
Rebecca Rogers: Rebecca is a 2006 graduate of Boston College Law School, and has worked with slnlaw since 2013. She previously worked as an intellectual property litigation attorney for Fish & Richardson in Boston, Massachusetts, and clerked for the Massachusetts Supreme Judicial Court. Rebecca has helped many clients understand and evaluate their non compete agreements and develop strategies for defending against non compete enforcement and negotiating resolution.
Jenna Ordway: Jenna is a 2013 graduate of Quinnipiac Law School, and also earned an LLM in Taxation from Boston University in 2015. She has been affiliated with slnlaw since 2011, first as a law clerk and then as an attorney. Jenna has been recognized since 2019 as a "Rising Star" by Massachusetts Superlawyers. Jenna works with employers to develop reasonable and enforceable employee agreements, including non competes. She has also helped employees understand and evaluate their non compete agreements and develop strategies for defending against non compete enforcement and negotiating resolution.
Elijah Bresley: Eli is a 2014 graduate of Seton Hall Law school, and has worked with slnlaw since 2020. He previously worked for a boutique employment law firm outside of Boston, and then for the Labor and Employment department of a large Boston firm. He also spent a year clerking for the judges of the Superior Court in Hartford, Connecticut. Eli has helped clients both evaluate and negotiate their non compete agreements, and defended non compete claims in state and federal courts.
How We Can Help
By taking these steps and seeking experienced legal counsel, you can better navigate the complexities of a non-compete lawsuit and protect your rights and career. We've done this many times before, and are here to help. You can use the button below to schedule a call back from a member of our team, or give us a call at 781-784-2322.
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Jenna Ordway
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