Springfield Non-Compete Agreement

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 often called "non-compete" clauses". An employee who signs them either does so as a condition to employment or they can receive compensation for the agreement.

When are Covenants not to Compete Unenforceable?

Whether or not a judge will conclude that the covenant is enforceable can be challenging to know beforehand. While the employer?s interests are significant, Massachusetts courts place great weight 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. A court will typically hold non-compete clauses to be unreasonable if they involve unusually long periods of time or if they cover a geographic region surrounding Springfield that is excessively large.

Non-compete clauses are also limited in that they may only apply to competitors who are rationally related to the industry of the employer. Lastly, an employer is required to have a legitimate 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 you sign any provisions that could restrict your rights, you may consider hiring a Springfield, Massachusetts attorney who can review the covenant. The attorney can negotiate modifications to the contract if they are needed, and can draft a new clause which is acceptable to the parties involved. When it comes to suing an employee for breach of a non-compete clause, an attorney can provide valuable advice. They will also be able to counsel employees who need advice for a covenant they have signed.

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Life in Springfield

Springfield, MA is the largest city on the Connecticut River, and the seat of Hampden County. It has a population of around 153,000 people.

Like many cities in New England, Springfield, MA has a long and rich history, much of it associated with Colonial times and the American Revolutionary War. Shortly after the Revolutionary War ended, Springfield became the site of the first populist uprising in the United States. Known as Shays' Rebellion, this revolt resulted in a fundamental change in the U.S. government, leading to the abandonment of the Articles of Confederation in favor of the Constitution which we use today. Obviously, many of the drafters of the Constitution were lawyers, and this tradition of excellence in the legal profession continues in Springfield, MA today.

Springfield, MA is commonly referred to as the "City of Progress" - and it has been home to many individuals and movements that have advanced society for the better. For example, many inventions that made the industrial revolution possible were invented in Springfield. Also, prior to and during the Civil War, Springfield, MA was one of the major centers for the abolitionist movement, with many of Springfield, MA's lawyers defending slaves who had escaped the South.

Of course, there are still many skilled and dedicated lawyers practicing law in Springfield, MA. And if you are facing a legal problem, a Springfield, MA lawyer can almost certainly help.

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When are Covenants not to Compete Unenforceable?