Before You Sign: Understanding the Impact of Non-Compete AgreementsBefore you accept a new job, or even if you're already in one, you might be asked to sign a non-compete agreement. It's important to know that under Massachusetts law, you have the right to take ten days to review the agreement and seek advice from an attorney before signing it.
While the new Massachusetts non-compete law has set some clear guidelines for enforceable non-competes, the future enforcement of such agreements can still be unpredictable. Below are some key considerations when contemplating signing a non-compete agreement. 1. Can You Live With the Terms if Enforced?First and foremost, assess whether you can comply with the agreement's terms if it is enforced against you. Even if you believe the agreement may not fully align with Massachusetts law, there's always a chance that you may have to abide by its terms.
Consider the following factors:
2. Is the Agreement Enforceable?While you should consider the agreement as enforceable, assess its likelihood of validity. Begin by confirming whether the agreement falls under the new Massachusetts non-compete statute. If you live or work in Massachusetts, the statute applies, regardless of any conflicting governing law mentioned in the agreement.
The agreement must adhere to certain requirements under Massachusetts law:
3. Can You Negotiate Terms?While non-compete agreements are often presented as non-negotiable, it's worth exploring whether there's room for discussion if any provisions concern you. Inquire with the person presenting the agreement about potential flexibility.
If there's an opportunity for negotiation, you can work towards making the agreement more acceptable to you. An attorney can help you identify which issues to prioritize and guide you on reasonable requests. |
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Should You Sign a Non Compete Agreement?
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.
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How We Can Help
Remember, signing a non-compete agreement is a significant decision that can impact your future career. Seeking legal advice and thoroughly assessing the agreement is crucial to make an informed choice. We're here to help. You can use the button below to request a free information call, or call us at (781) 784-2322. We look forward to hearing from you!
