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.

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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 Brockton that are unreasonably large.

Limitations on non-compete clauses must also be restricted to cover only competitors who are related in a rational way to the employer's industry. Finally, an employer is required to have a valid business reason in its motivation for imposing a covenant not to compete on an employee.

Do I Need an Attorney when Dealing with a Covenant not to Compete?

Before signing anything that may restrict your rights, you may want to hire a Brockton, Massachusetts attorney to review the contract. A lawyer can then negotiate to modify the covenant as needed, or may even draft a new one that is acceptable to both parties Employers can receive useful advice from an attorney should they decide to sue a worker for breaching a covenant, and employees who have signed such covenants can also benefit from a lawyer's counseling.

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Life in Brockton

Brockton is located in Plymouth County, Massachusetts with a population of around 93,810 people.  Brockton is the seventh largest city in Massachusetts.  It is nicknamed the "City of Champions" due to the success of resident boxers Rocky Marciano and Marvin Hagler.  Brockton High School's sports programs are also very successful, and also contribute to the city's nicknames.

What is interesting is that in 2005, 2008, and 2010, Brockton was named as one of the 100 Best Communities for Young People.  This award is given by America's Promise Alliance.  Some reasons for this award is Brockton's dedication to education, mentoring, and volunteerism. 

There are some great attractions to check out in Brockton.  Such places include the Audubon Conservation Area, Brockton Fire Museum, Campanelli Stadium, D.W. Field Park, Franklin Block, Petronelli Way, Sacco & Vanzetti Museum, and the SOuth Street Historic District.

Brockton is also filled with attorneys who are devoted to their practice, and who can adequately fulfill the legal needs of Brockton residents. 

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