Is My Non Compete Agreement Enforceable?
Assessing the Validity of Your Non Compete
If you are thinking about leaving a job, or have recently been laid off or fired, you may be wondering how much your non-compete agreement limits what you can do next.
If you live or work in Massachusetts, and you signed your non compete agreement on or after October 1, 2018, there are important limits to enforcement that you should be aware of. Among them is a requirement that the employer pay you "garden leave"- or 50% of your highest pay- during the restricted period. They also are required to have given you ten days to consider the agreement, and informed you in writing that you could consult an attorney before signing.
If your agreement was signed before October, 2018, there are still limitations on enforcement that may help you in your job transition. If the employer has no legitimate goodwill to protect, if the restriction is too long and too broad, if there were material changes in your position after you signed it, and if the employer did not live up to its end of your employment arrangement, you many have valid defenses to claims against you based on that agreement.
Learn more here about non-compete agreements in Massachusetts.
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