What Is A Covenant Not To Compete In Massachusetts?
In general, covenants not to compete involve an employee in the state of Massachusetts who agrees not to work for competitors of their employer when they leave the company. Such covenants are frequently called "non-compete" clauses". An employee who signs them either does so as a condition to employment or they may receive compensation for the agreement.
When are Covenants not to Compete Unenforceable?
Knowing in advance whether a judge will enforce an employee's non-compete clause can be difficult. Even if the employee's interests may be important, Massachusetts courts will certainly assign great weight to a person's freedom to choose the type of employment that is suitable for them. Accordingly, only those covenants which are deemed to be reasonable will be upheld by the court. Those provisions that courts have seen to be unreasonable include those that last for an prolonged period of time or cover geographic areas around Boston that are unreasonably large.
Covenants not to compete are also required to deal only with competitors who are rationally related to the employer's line of industry. Lastly, the employer needs to have an acceptable business interest which justifies their motives in requiring their employee to sign a covenant not to compete.
Do I Need an Attorney when Dealing with a Covenant not to Compete?
A Boston, Massachusetts lawyer can help you review the covenant before you sign any documents that might limit your rights. The lawyer can assist you in negotiating modifications or if needed, they can possibly draft a new agreement which will be acceptable to both parties. An attorney can also give valuable advice when it comes to suing employees for breaching covenants, or counseling employees who have signed one about whether they can accept a different job.
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Boston, Massachusetts is known as the "Capital of New England" because it acts as the center of business, art, food, and culture. Bostonians comprise the 10th largest metropolitan area in the United States. Boston is home to a number of historical attractions like the Boston Tea Party, the Boston Massacre, and the American Revolution museums that offer about $8 billion in revenue for the city.Furthermore, tourists flock to visit Boston and its colleges: Harvard University, Boston College, Boston University, Massachusetts Institute of Technology (MIT), Tufts University, UMass Boston, and many other business, music, and pharmaceutical institutions of higher learning. Students offer roughly $4.8 billion to the economy. With so many students, Boston naturally is home to some of the top firms in technology and biotechnology. The city boasts the highest amount of annual funding from the National Institutes of Health.
Boston is home to some outstanding New England based lawyers and law firms. Bostonians are subject to the area's high cost of living making the legal problems of the community somewhat unique. Violent crime has been on the decline since the Boston Police Department and United States Attorney and District Attorney started a crime and gang prevention campaign. Most Boston residents use the Suffolk County courts.
