Does the Massachusetts Non Compete Law Apply if My Employer is Out of State?

Application of Massachusetts Law to Out of State Employers

The Massachusetts Non Compete Law applies to all employees and independent contractors in Massachusetts, even if your employer is out of state.

Your non compete may also have a provision stating some other state's law will apply, usually the state in which the employer is headquartered. The Non Compete Act expressly disavows these provisions:

"No choice of law provision that would have the effect of avoiding the requirements of this section will be enforceable if the employee is, and has been for at least 30 days immediately preceding his or her cessation of employment, a resident of or employed in Massachusetts at the time of his or her termination of employment."

In other words, if you live or work in Massachusetts for at least 30 days before your employment ends, Massachusetts courts should not honor the choice of law provision in your agreement, and the Massachusetts statute should apply.

Learn more here about the Massachusetts Non Compete Law.