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Non Compete Agreements Massachusetts

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  • Non Compete Agreements Massachusetts

    This is kind of a complicated question! I own a business that uses non-compete agreements. The usual agreement is after you leave for 1 year you can't work within 5 miles of our business. My question is...I have someone leaving and opening their own business and am worried some may follow. Supposedly her business is 6 miles, or just over the 5 mile radius. Can I have all remaining staff sign a noncompete for 7/8 miles if they want to stay? I am not worried about upping the mile radius. I know similar business that have upheld their non compete up to 10 miles. What I am worried about is having them sign "under duress". I heard about a similar business having people resign a non compete, but I think they had to pay the staff? Or something similar? Am I crazy here?!

  • #2
    This is not a DIY, this is a "call your lawyer" situation.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.


    • #3
      Lol, fair enough. I try and avoid them whenever I can.


      • #4
        This is a case where you need one though.
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

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        • #5
          Agreed. NCAs are very state law specific and very specific to the exact wording of the agreement. And courts are generally not very big fans of NCAs. There is a real need to have them narrowly written and specific to state law and current state specific case law.

          Courts are historically a lot friendlier to NDAs (non-disclosure agreements). NCAs pretty much violate the Common Law principal of Employment At Will where one party tries to restrain the other parties ability to work after the employment relationships ends. While some states are more pro-employer in this, there is no state that does not have at least some problems with NCAs.
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)


          The forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on are opinions and suggestions of members and is not a representation of the opinions of does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.