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Are Non Compete Agreements Enforceable in Massachusetts?

The rules on enforcing non compete agreements are a little different depending on when you signed the agreement.  If it was on or after October 1, 2018, the new Massachusetts Non Compete Act applies and contains specific requirements for the agreement to be enforceable.  Even if your agreement is older than that, courts in Massachusetts have always subjected post-employment non compete agreements to special scrutiny, because they restrict individuals' ability to earn a living.

Both before and after October 1, 2018, non competes are only enforceable to the extent reasonably necessary to protect a legitimate interest of the employer (usually either trade secrets or employer goodwill), and can only last as long and cover such geographic areas as needed to protect those interests.

Agreements signed after October 1, 2018 are expressly limited to 12 months in length, must include a "garden leave" clause providing for continuation of at least 50% of your base salary during the restricted period, and categorically cannot be enforced against certain types of employees, or if you are terminated without cause.


Learn more here about non-compete agreements in Massachusetts.

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  • Home
  • Employment Law
    • Guide To Employment Law Content
    • Employment Contracts in Massachusetts
    • Discrimination in the Workplace
    • Employment Termination >
      • Massachusetts Paid Family Leave
      • Severance Pay
      • Unemployment in Massachusetts
    • Sexual Harassment at Work >
      • Sexual Harassment in a Small Business
      • Sexual Harassment and Non Disclosure Agreements
      • Sexual Harassment and Remote Work
    • Wage and Hour Laws
    • Independent Contractor Law
    • Non Compete Agreements >
      • Are non competes enforceable
      • Massachusetts Non Compete Act
      • Pre 2018 Massachusetts Non Competes
  • Estate Planning
    • Guide To Estate Planning Content
    • Legacy Protection
    • Why You Need an Estate Plan
    • Why You Don't Have an Estate Plan
    • Estate Planning Documents >
      • Children with Special Needs
    • Planning for Assisted Living
    • Probate Process
  • Business Law
    • Guide To Business Law Content
    • Small Business Law
    • Business Contract Basics
    • Civil Suit Defense
    • Legal Issues for Start Ups
    • Trademark Basics
    • How to Incorporate
    • Sale of Business
  • About
    • Reviews
    • Slnlaw Offices
    • slnlaw core values
    • Publications and Interviews
    • New Client Intake and Consultation
    • Contact
  • Attorneys
    • Emily Smith-Lee >
      • 2018 Lawyer of the Year
    • Jenna Ordway
    • Rebecca Rogers
    • Andrew Silvia
    • Elijah Bresley
  • Legal FAQs
    • Estate Planning FAQs
    • Probate FAQs
    • Small Business FAQs
    • Wage Act FAQs
    • Commission Pay FAQs
    • Overtime FAQs
    • Independent Contractor FAQs
    • Non Compete FAQs
    • Employment Discrimination FAQs
    • Employment Termination FAQs
    • Massachusettts Unemployment FAQs
    • Severance Package FAQs
    • Medical Leave FAQs
    • Sexual Harassment FAQs
    • Employer FAQs
    • Civil Lawsuit FAQs
  • Blog