In Massachusetts, a non-compete is only enforceable to protect a legitimate business interest.
Massachusetts Law on Non-Disclosure Agreements: If you violate the provisions of a legally valid non-disclosure clause, your employer may sue to enjoin your activities and prevent you from continuing to engage in wrongdoing.
Typically, a legal professional writing the NDA will complete these steps: Step 1 - Describe the scope. Which information is considered confidential? ... Step 2 - Detail party obligations. Step 3 - Note potential exclusions. Step 4 - Set the term. Step 5 - Spell out consequences.
An NDA could be unenforceable if it is too broad, is not for a defined time period, covers information that is not confidential, or asks for illegal conduct.
An NDA safeguarding a company's confidential data is a common provision, and, for the most part, enforceable. However, NDAs that pertain to the disclosure of sexual harassment or harassment settlements are a separate matter, and discussed here.
20 CFR § 603.5 - What are the exceptions to the confidentiality requirement? (a) Public domain information. (b) UC appeals records. (c) Individual or employer. (d) Informed consent. (1) Agent—to one who acts for or in the place of an individual or an employer by the authority of that individual or employer if—
Nearly 20 states have passed laws restricting their use in dealing with sexual misconduct in the workplace, including Arizona, California, Colorado, Hawaii, Illinois, Louisiana, Maine, Maryland, Nevada, New Jersey, New Mexico, New York, Oregon, Tennessee, Utah, Vermont, Virginia, and Washington.
I hereby undertake to treat as confidential all and any information that I receive while participating in the work of evaluating project proposals, to use this information solely for the purpose of evaluation of the proposals, not to disclose it to any third party and not to make it publicly available or accessible ...
"A covenant not to compete contained in a contract for personal services will be enforced if it is reasonable, based on all the circumstances."
Massachusetts Law on Non-Disclosure Agreements: If you violate the provisions of a legally valid non-disclosure clause, your employer may sue to enjoin your activities and prevent you from continuing to engage in wrongdoing.