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Non-compete in Massachusetts Massachusetts

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  • Non-compete in Massachusetts Massachusetts

    I currently work for a large company ("A") that is supplying IT services under contract to a bio-tech company ("client"). "A" has recently lost the contract to another company ("B").

    So, the client has told Company B to hire me to do the same job I currently do. Company A has said it will try to find me another job on one of their other contracts, but I highly doubt they'll find me a similar job for similar pay. Further, it appears that Company A might try to stand in my way of taking this job by enforcing their non-compete. Does anyone have any experience or insight into this whole thing? The work I do in IT is rather specialized, and it can be very tough for me to find work, which is a struggle I'm not prepared to engage in right now. If anyone wants to take this conversation offline, please feel free to contact me at noncompetessuck at gmail dot com.

  • #2
    This is Ma. rules on non-competes: Ma. courts will enforce non-competes provided they serve to protect a legitimate busi. interest (ie goodwill) & aren't merely intended to bar ordinary competition. Courts require the agreements to be reasonable in duration & geographic scope, & that determination is fact-driven. If an otherwise enforceable non-compete has an unreasonable duration and/or geographic scope, the courts generally will modify the agree. to conform with the court's notion of reasonableness.

    It would be a good idea to take the non-compete to an employment or contract attorney in your state to review to see if it is enforceable.
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