Massachusetts Non Compete Termination Without Cause
Description
How to fill out Massachusetts Employment Or Job Termination Package?
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FAQ
Hear this out loud PauseTo be enforceable in Massachusetts, a non-compete agreement must be in writing and signed by both the employer and the employee. It must also expressly state that the employee has the right to consult with a lawyer prior to signing.
Hear this out loud PauseNon-competes must be limited to particular industries or activities. Geographic location: Next, any geographic locations must be reasonable for the specific industry and job involved. This is again evaluated on a case-by-case basis. Duration: Finally, non-competes can be invalidated if their duration is too long.
Hear this out loud PauseFirst, an employee may show that the non-compete does not meet the elements of a valid agreement. If the non-compete agreement violates any of the essential elements, Massachusetts courts will not enforce the agreement. Non-competes are contracts: Contractual defenses can be used to prevent them from being enforced.
Hear this out loud PauseDuration generally limited to one year; Garden leave or other mutually agreement consideration must be paid during the non-compete period; Geographic scope is generally limited to areas in which the employee provided services or had a material presence or influence in the past two years.
Hear this out loud PauseMassachusetts law requires that non?compete agreements be limited in time, scope, geography, and supported by consideration. A non-compete must not be broader than necessary to protect one or more of the following legitimate business interests of the employer: The employer's trade secrets.