Assessing the Reasonableness of Geographic Restrictions in Non-Compete Agreements
Understanding Geographic Restrictions in Non-Compete AgreementsGeographical restrictions are a common feature of non-compete agreements, but are they always reasonable? Determining whether the geographic scope outlined in your non-compete agreement is reasonable or overly restrictive is a crucial aspect of understanding and potentially challenging such agreements.
In this guide, we'll delve into the factors that influence the reasonableness of geographical restrictions and provide insights to help you assess your specific situation. Factors Influencing Reasonableness
The Special Challenge of Remote WorkNon-compete agreements may specify that you are restricted from competing in the geographic areas in which you worked. However, in a remote work scenario, where you might be based in one state but connect with customers and colleagues across the country, interpreting these restrictions can be perplexing.
Conversely, your non-compete agreement might restrict you only in the state in which you reside, but you're contemplating a competitive job that allows remote work and serves customers exclusively outside your state. This situation adds complexity to the analysis of reasonableness in geographic restrictions. Seeking Legal GuidanceDetermining whether the geographical restrictions in your non-compete agreement are reasonable requires a comprehensive assessment of various factors, including the nature of the business, industry norms, duration, competition, and your role.
Consulting with an experienced attorney who specializes in non-compete agreements is often the best course of action. They can help you understand the legal implications, explore potential challenges, and guide you through the process of negotiation or litigation, if necessary. |
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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
Our dedicated legal professionals specialize in non-compete agreements and can provide the expertise you need to assess the reasonableness of geographical restrictions. Whether you're navigating the complexities of remote work or industry-specific challenges, we're here to guide you and protect your rights. 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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