What if the Severance Agreement Asks Me to Reaffirm a Non-Compete?
The Importance of Understanding Your Non Compete Before Signing a Severance AgreementIf you signed a non compete at the beginning of your employment, you may see language in your severance agreement stating that you re-affirm and/or acknowledge your obligations under that prior non compete.
On the one hand, you are simply acknowledging a prior agreement that is already binding on you whether or not you sign the severance agreement. On the other hand, the laws about enforcing non competes are complex and ever-changing, and there is a possibility that by signing this "re-affirmation" you will be eliminating some defenses you otherwise may have had to the non compete. For example, there are some cases that say a material change in role or compensation while you are employed can nullify a non compete signed at the beginning of employment, on the theory that you should have been given a new agreement to sign when your job changed. Re-affirming the agreement at the end of your employment could take that defense away from you, depending on the circumstances. This may or may not be a reason for you to decline the severance, but it is a good idea to get advice from an employment lawyer experienced in non compete law so that you understand what you are and are not giving up by agreeing to this language. Learn more here about evaluating a severance agreement. |
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Meet Our Employment 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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We have years of experience representing individuals and small businesses solve many different employment problems, large and small. You can use the button below to schedule a call back from a member of our team to learn more about working with us, or give us a call at 781-784-2322.
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