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?

Whether or not a judge will conclude that the covenant is enforceable can be difficult to know beforehand. While the employer?s interests are important, Massachusetts courts place great importance on an individual?s freedom to pursue the employment they want. Accordingly, courts have only upheld those agreements that they consider reasonable under the circumstances. Some agreements that courts have considered to be unreasonable include terms that last for an unusually long period of time or that cover a geographic around New Bedford that is unreasonably broad.

Non-compete clauses are also limited in that they can only apply to competitors who are reasonably related to the industry of the employer. Lastly, the employer must have a valid business interest behind its motivation for mandating a covenant not to compete.

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

Since covenants could restrict your rights, you may wish to hire a New Bedford, Massachusetts lawyer to review any documents. They will be able to negotiate further changes to the covenant, and can draft an entirely new one that is acceptable to all parties if needed. 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 New Bedford

New Bedford, Massachusetts houses a population of over 100,000 residents. And that's not all New Bedford is home to, the city is also the number one fishing port in America, in addition to being the world's most famous whaling era seaports. The strategic location right on the water makes the city a natural seaport, and wonderful place for the commercial or leisure fisherman to take advantage of.

In addition to many parks and shops located in the city's historic district, New Bedford has whaling museum to commorate the city's role in whaling. Fishing and manufacturing are the two largest industries in New Bedford, although tourism is also on the rise.

New Bedford is also home to some of the state's top lawyers. New Bedford lawyers and other professionals enjoy the wonderful work and lifestyle that the east coast city has to offer, and are trained to assist their client in any issue he or she may find themself facing. New Bedford's location fifty one miles south of the state capital of Boston, makes it a very easy city to visit and enjoy. New Bedford also enjoys a thriving arts and music movement in recent times, that is home to many lively festivals and concerts for their residents and visitors to take part in.

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