Non Compete Lawsuit FAQs
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?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 My Employer Hinder My Employment 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.
|
Need Help With a Non Compete Lawsuit?OR
|
Can I Sue My Employer for Preventing My Employment?
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 the Lawsuit Cost?
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 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.
How Our Non Compete Lawyers 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.
|
|
|
