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

Your non compete may not be covered if it was signed before October 1, 2018, or was signed in connection with the sale of your business or a severance package.

That does not mean it is automatically enforceable.  There are still many defenses that were developed under the common law before the Non Compete Act, which will still apply.  These include:

• Absence of a legitimate business interest (trade secrets or goodwill) protected by the agreement;
  
• Unreasonable overreach in terms of the length of time or the geographical restriction;
• Failure by the employer to fulfill its promises in the employment relationship;
• Material change in your role or compensation after signing.

The extent to which these defenses apply to you is very fact specific, and you should discuss your situation and agreement with an employment lawyer.


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

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