What is the Massachusetts Non Compete Act?
In 2018, the Massachusetts legislature enacted the Massachusetts Non Compete Law, and it became effective for agreements signed on or after October 1, 2018.
In some ways, the statute codified principles already applied by courts in reviewing non compete agreements- for example, requiring that agreements be no broader than necessary to protect legitimate interests of the employer in either confidential information or goodwill.
In other was, the statute completely changed the rules of the game by requiring "garden leave" payments to employees during the non compete period, requiring employers to give ten days to review the agreement before signing and advising you to consult with counsel, disallowing enforcement against employees terminated without cause, and exempting broad categories of workers from enforcement of non compete provisions.
Like most new laws that have not yet been fully interpreted by the courts, the Non Compete Act has generated many questions about its scope and meaning, and whether the agreement you may be asked to sign is enforceable. If you are asked to sign a non compete, it is a good idea to take advantage of the ten days provided and consult an experienced employment lawyer who can help you understand what the agreement restricts and whether it is likely to be enforceable.
Learn more here about the Massachusetts Non Compete Law.
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