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non-competes in massachusetts Massachusetts

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  • non-competes in massachusetts Massachusetts

    Hi, I am a CPA and currently self employed, I left a large CPA firm 8 months ago. I have a 1 year non-compete that is still in effect. Here's my question, I have recently been contacted by a (former) client of the firm I worked for. They were a client during the time I was worked at that firm. They have recently switched accounting firms and are requesting my assistance with some bookkeeping and accounting services that are not being provided by the new firm (or the old one). The current CPA firm would retain the client for tax work (old firm only prepared tax work as well) which is what they are retained for. My non-compete is very vague and makes no mention of this situation. Thanks for any help you can give.

  • #2
    You really should have the non-compete reviewed by an attorney in order to receive the best, most-informed advice.

    IMHO, you would be violating the non-compete and your industry is one wherein employers look to enforce these for the very reasons you offered.

    MA courts have for the most part looked suspiciously at these agreements in general. However, given that you have but four (4) months to wait until the non-compete is a non-issue the best advice may be patience versus the dollars you would likely have to spend to prove the agreement unenforceable.

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    • #3
      An althernative would be to contact the former firm and get its blessing for you to work with the company ( a ) doing work that they did not do for the company ( b ) which left them anyway, without any solicitation on your part.
      Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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