How Much Time Should I Have to Consider a Non Compete Agreement?

Understanding Your Right toTen Days to Review and Consider a Non Compete

If you are asked to sign a non compete in connection with your employment, the Massachusetts Non Compete Act requires that you be given ten days to consider it. The agreement should state this explicitly, and should also include a statement that you can consult with an attorney before signing it.

The ten day requirement applies whether it is a new job or you are offered additional compensation or benefits after you have started in exchange for the agreement. It does not specifically apply to non competes signed in exchange for severance payments, but in that case you must be given seven days to rescind the agreement after signing if you change your mind.

If you are given less than ten days, but fell you have to sign the agreement anyway, make sure that yo can document when you were presented the agreement and when you signed. This could be important later as a defense to enforcement of the agreement.

This requirement has been in effect since October 1, 2018, and applies to any non compete you are asked to sign now. it does not apply to agreements you signed before October 1, 2018.

Learn more here about the Massachusetts Non Compete Act.