You’ve been searching for a job and finally you get an offer for a great job! You come in on your first day and are given a stack of papers to sign. Included in this stack of papers are tax forms, harassment policy, employee handbook receipt, non compete agreement and a confidentiality agreement. You diligently sign everything, hand it in to Human Resources and off you go to start your new job.
Two years later you decide this job is not for me and you give your employer notice that you are leaving for a new job. You employer then hands you the confidentiality agreement you signed two years ago and politely reminds you that you are bound by the non-compete and non-solicitation clauses contained in the agreement.
Your first thought is: Is this enforceable?? Can they do this?? I don’t even remember signing this??
In Massachusetts non-compete and non-solicitation clauses (“restrictive covenants”) are enforceable. However, not always. There are a number of reasons that restrictive covenants may not be enforceable. For example, the restrictions may be too broad, you may have changed jobs in the course of your employment so the restrictions are no longer enforceable, or you may not have any information in the course of your job for which the employer has a right to protect.
It is important to have an attorney review any employment agreements to assist you in navigating through this often confusing and scary time. It is important that you understand what your rights are, whether the agreement is enforceable and what jobs you may be restricted from taking in the future.
