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Can I Be Sued if I Hire Someone Who Has a Non Compete?

Generally, a new employer is not liable for an employee's breach of a non compete agreement with a prior employer.  This is because you as the new company have no contractual duty to the other employer.

You can be liable, however, if you have done anything otherwise unlawful to interfere with the employee's contract, such as misrepresentation or helping or encouraging the employee to take trade secrets or other confidential information from the prior employer.

In all events, even if your company has no legal liability, a fight over the non compete could be disruptive to your business.  It is important to ask prospective employees if they have a non compete.  That should not necessarily kill the deal, however.  There are many reasons a non compete might be unenforceable under Massachusetts law.  The job you are offering also may not in fact fall within however competition is defined in the agreement.

If you have any doubt, you can consult with an employment lawyer to help you assess the risk and understand the scope of the non compete.


Learn more here about non-compete agreements in Massachusetts.

Need Help With a Non Compete Question?

Call (781) 784-2322
OR
Schedule a Free Information Call
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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