What Are My Rights if the Massachusetts Non Compete Act Doesn't Apply to My Agreement?

Understanding the Enforceability of Your Non-Compete Agreement in Massachusetts

Your non-compete agreement's coverage in Massachusetts hinges on specific criteria. If it was signed before October 1, 2018, or as part of a business sale or severance package, it may not fall under certain regulations.
However, it's crucial to note that signing such an agreement doesn't automatically make it enforceable. There are several defenses established under both common law and the Non-Compete Act that can still apply. These defenses include:

Absence of a Legitimate Business Interest: Your agreement must protect a legitimate business interest, such as trade secrets or goodwill. Without this, enforcement may be challenged.
Unreasonable Overreach: If the agreement's terms, especially in terms of duration or geographical limitations, are deemed unreasonable, it might not hold up in court.
Employer Promises: If your employer fails to fulfill promises made during the employment relationship, it could weaken the enforceability of the agreement.
Material Changes: Significant changes in your role or compensation after signing the agreement might affect its enforceability.

Learn more here about common law defenses to non compete agreements.