Non Compete Lawsuit Frequently Asked Questions
Frequently Asked Questions About Responding to a Non-Compete LawsuitWhen facing a non-compete lawsuit in Massachusetts, many employees are unsure of where to start. This page answers common questions about defending against a non-compete lawsuit, providing valuable insights to help you navigate this challenging situation.
Can I Continue Working After Being Sued?Receiving a lawsuit doesn't automatically prevent you from working. Only a court order can enforce such restrictions. Seek legal counsel promptly, as early action can help reduce risks. For instance, it may be advisable to hand over any former employer's information to your lawyer to ensure compliance with your non-compete agreement.
Do I Have to Attend Court?If your former employer files for a preliminary injunction, a hearing will be scheduled, but you might not need to testify in court at this stage. In many cases, your attorney can negotiate a resolution before a court appearance becomes necessary. Your legal counsel will guide you through the process and present your defenses effectively.
Is It Worth Contesting the Non-Compete Lawsuit?Determining whether to fight a non-compete lawsuit depends on various factors. Your attorney will assess your agreement's enforceability and any potential counterclaims or defenses. The strategy may involve early settlement negotiations or a robust defense based on the analysis of your case's merits.
Will I Be Liable for Damages Under the Non Compete?While it's possible for employers to seek damages, they often aim for a court order to prevent competition during the specified agreement period. Liquidated damages, if present in your contract, may not always be enforceable. However, your attorney will evaluate the circumstances to determine potential liability.
Can a Non Compete Stop Me From Working After Layoff?Non-compete agreements signed before October 1, 2018, may restrict your employment prospects after a layoff. However, newer Massachusetts laws prevent the enforcement of such restrictions if your termination was not your fault. Consult with your attorney to understand your situation better.
Is Compensation Required During the Non-Compete Period?Your entitlement to compensation during the non-compete period depends on when you signed the agreement. If signed after October 1, 2018, employers typically must pay at least 50% of your highest earnings for the restricted period. Earlier agreements may not have the same provisions.
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Can I Sue My Employer for Trying to Enforce the Non Compete?
Suing your former employer depends on their motives and actions. While they have the right to enforce an employment contract, if their actions are malicious or violate other rules, you might have a counterclaim. Your attorney will assess potential counterclaims and employment law violations during the initial case review.
How Much Will Defending a Non Compete Lawsuit Cost?
This really depends on how far the employer takes it. If the matter is not resolved after a cease and desist letter or other threat of suit, most like the employer will go to court to seek a preliminary injunction. Responding to this kind of motion and appearing in court can cost anywhere from $7,000 to $20,000 depending on the complexity of the issues. Most non-compete disputes are resolved one way or another after the preliminary injunction phase, but sometimes go on to full litigation, in which case the costs are difficult to predict.
Facing legal fees can be overwhelming, but we strive to make it manageable. We offer flat rates for initial analysis and assessment, providing clarity on expenses. Further, we provide cost estimates for each stage of the case, giving you the option to pay hourly or opt for flat fees. In some cases, payment plans may be available.
Facing legal fees can be overwhelming, but we strive to make it manageable. We offer flat rates for initial analysis and assessment, providing clarity on expenses. Further, we provide cost estimates for each stage of the case, giving you the option to pay hourly or opt for flat fees. In some cases, payment plans may be available.
Can I Recover Attorney's Fees If the Non Compete Claim Is Frivolous?
The ability to recover attorney's fees depends on your non-compete agreement's terms. If it includes provisions for the winning party's attorney's fees, you may be entitled to reimbursement. Additionally, if you have claims under certain statutes, you could recover fees if successful.
Generally, however, the "American Rule" is that each party bears their own legal costs and expenses in litigation, regardless of who wins.
Generally, however, the "American Rule" is that each party bears their own legal costs and expenses in litigation, regardless of who wins.
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 experienced legal team is dedicated to providing comprehensive guidance and strategic solutions to help you navigate non-compete lawsuits, protect your rights, and achieve a favorable resolution.
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.
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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