Non Compete Agreements: Case Studies
Real Life Stories of Non Compete DisputesEnforcing an agreement not to compete in Massachusetts is not always straightforward. Under Massachusetts common law, there were and are many defenses to these agreements available to employees, and new defenses available for agreements signed after the Massachusetts Non Compete Act went into effect on October 1, 2018.
Every person's story is a little different, but there are lessons to be learned from people who have gone through similar situations. Below are just a few of the many examples of people we have been able to help navigate non compete disputes. The names and images are fictitious, but the stories are real. Non Compete Blocking Start Up BusinessMike, Jeff and Tim were sales representatives for a staffing company in Massachusetts. As they faced increasing challenges in the workplace, they began to consider starting their own agency. They made careful and thoughtful plans, and researched the idea thoroughly.
The one wall they kept bumping into was their non compete agreements. The agreements were extreme, and imposed restrictions for four years after employment. Read more here Non Compete for Hair StylistMaria was a hair stylist employed by a salon that was part of a regional chain. She had a dream of opening her own salon, and was saving money to do so.
This was made more difficult by the fact that her employer had a practice of deducting a "product charge" from the commissions due for each customer. Read more here. Non Compete and Changes in PayDavid and John were sales and service technicians for a printer company. They had each signed agreements with restrictive covenants at the beginning of their employment relationship. After an acquisition and change in management, the company made substantial changes to their compensation and terms of employment. In addition, the approach and style adopted by new management put significant pressure on David and John, and their relationship with management became strained and unpleasant.
David and John were both subject to non compete agreements. Read more here. Non Compete and Independent Contractor ClassificationJason worked as a contractor for a telecom provider. He worked in Massachusetts but his employer was out of state. The employer classified him as an independent contractor but required that he sign a non compete.
The employer sent Jason a notice of termination of his contract while he was still owed money for services. The employer then objected to Jason taking a new job with a competing company based on the non compete clause in his independent contractor agreement. Read more here. |
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Repair and Maintenance Non Compete
Joe worked for a building maintenance company and was classified as an independent contractor. His work involved routine maintenance and repairs for buildings managed by the employer, which meant he was using his ordinary skill and experience in performing these services, not trade secrets or proprietary information belonging to the employer.
About a year into this relationship, the company insisted that he sign a non compete. Read more here.
About a year into this relationship, the company insisted that he sign a non compete. Read more here.
Non Compete and Research Employee
Paul was an analyst for a market research company in Massachusetts. He did primarily back office work collecting and analyzing data. He did not interact with customers or prospective customers. His work also did not involve trade secrets or a proprietary methodology. Nonetheless, the company had him sign a non compete restricting his activities for a year after termination of his employment for any reason.
Paul was offered a job by a company in California that provided similar services in a similar market. Read more here.
Paul was offered a job by a company in California that provided similar services in a similar market. Read more here.
Non Compete and Entry Level Employee
Ted was an entry level sales person for a regional telecom provider. This was his first job out of college, and he had no prior experience in the industry. After working for the company for a short time, the company changed his compensation plan and cut his commissions.
Because the job had become financially unworkable for him, he applied for other jobs. When he accepted an offer at a nationally known company, his employer sent a cease and desist letter and threatened to sue. Read more here.
Because the job had become financially unworkable for him, he applied for other jobs. When he accepted an offer at a nationally known company, his employer sent a cease and desist letter and threatened to sue. Read more here.
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 magaizine 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 gradute 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 experienced legal team is dedicated to helping individuals facing non-compete disputes navigate the complexities of Massachusetts law. We provide personalized guidance, strategic insights, and effective solutions to protect your interests and achieve favorable outcomes in situations similar to those shared in our case studies. 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.