Smith Lee Nebenzahl Non Compete Agreement Cases
Massachusetts law will enforce a non compete agreement only if it is: (i) supported by consideration; (ii) reasonable in scope; and (iii) necessary to protect a legitimate interest of the employer. A non compete agreement may be unenforceable in Massachusetts if it was signed after the beginning of employment, if the employee’s job changed after signing, if the scope is unreasonable, or if the non compete agreement is not necessary to protect trade secrets or goodwill. The following are some examples of Massachusetts non compete litigation handled by Smith Lee Nebenzahl attorneys.
Overbroad non compete agreement: A salesperson for a Massachusetts carton manufacturing company retained Attorney Smith Lee after his employment was terminated and he was unable to accept a job offer due to his non compete agreement. The non compete agreement was very broad, and sought to block his employment anywhere in the packaging industry, anywhere in the world, for a year and a half. Attorney Smith Lee commenced litigation seeking a declaratory judgment that the non compete agreement was unenforceable and damages from the former employer. The parties reached a favorable settlement of the litigation.
Waived non compete agreement: A Massachusetts employee of a telecommunications company retained Attorney Smith-Lee after his employment was terminated. The employee had signed a non compete agreement, but his employment agreement was later modified to state that the non compete would be waived if his employment was terminated. Attorney Smith-Lee commenced litigation in the Massachusetts Superior Court, then negotiated a settlement of the litigation which released the employee from his obligations to the employer, including the non compete agreement, and provided him compensation.
Overbroad non compete agreement: A Massachusetts market research analyst retained Smith Lee Nebenzahl after his former employer initiated litigation to block him from accepting employment in California based on a non compete agreement. This non compete was very broad, and sought to prevent him from accepting employment anywhere in the world for almost any business in his industry. Smith Lee Nebenzahl attorneys defended the litigation, and brought a motion to enjoin the former employer from interfering with his new employment. The parties then reached a settlement of the litigation that significantly shortened the period of the non compete agreement.
Undisclosed non compete agreement: Smith Lee Nebenzahl attorneys are currently representing a Massachusetts hair stylist sued for violation of a non compete agreement only after bringing litigation against her former employer for unlawful wage deductions. The employee opened a new salon, unaware of a non compete agreement she purportedly signed five years earlier. The litigation is ongoing.