What if my Job and Pay Changed After I Signed a Non Compete?
This is a question that is not addressed in the Massachusetts Non Compete Act. However, there have been decisions in Massachusetts courts that predate the act finding that a material change in role or compensation after signing a non compete void the original non compete agreement. The theory is that you effectively took a new position when the changes were made, and should have been asked to sign a new agreement.
There were also cases finding the opposite- that a non compete signed at the beginning of employment remained effective despite changes in responsibilities and pay.
That means, unfortunately, that there is no clear answer either way. If you are in this situation, however, it is certainly an argument against enforcement that is available to you if it becomes necessary.
Learn more here about non competes and changes in pay
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