• Paul Peter Nicolai

Massachusetts Non-Compete Voided

Updated: Nov 8, 2021

A Company sued a former employee for violation of a non-compete the employee signed. Because the agreement did not expressly state that the employee had the right to consult with counsel before signing, and did not contain a garden leave clause or another mutually agreed form of consideration, the court ruled the agreement unenforceable.

WHY THIS IS IMPORTANT… This is the first court decision interpreting a noncompete under the 2018 Massachusetts law which placed restrictions on noncompete agreements including that consideration beyond employment was required for them to be enforceable. This decision indicates that full compliance with the provisions of that law is expected for agreements to be enforceable.

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