Is your non-compete enforceable?

Is your non-compete enforceable? Just because have a non-compete it does not mean it is enforceable.

Under the current state of the law, Massachusetts permits the use of non-compete agreements. However, public policy favors the right of an employee to move from job to job unencumbered by restrictions. The Courts carefully scrutinize postemployment restraints to see that they go no further than necessary to protect an employer’s legitimate interests. If a non-compete restriction is not narrowly tailored to protect an employer’s confidential information, trade secrets or, good will or the employee is not in a position to disclose or utilize the company information, such the agreement may not be enforceable. Protection of the employer from ordinary competition is not a legitimate business interest, and a covenant not to compete designed solely for that purpose will not be enforced

Employees should always check with legal counsel before signing a non-compete agreement or making new employment decisions after entering into such agreement to understand their rights and the enforceability of such restrictions.