ARE NONCOMPETITION AGREEMENTS ENFORCEABLE?
In Massachusetts, the answer is usually yes, except for doctors and lawyers, so long as it’s not overly broad in time or geographic scope. Courts will sometimes frown on restrictions that bar a former employee from working for years instead of months, or within the entire United States, rather than a more reasonable geographic limitation. Employers will want to use non-competition agreements when they are concerned that a key employee might leave for a competitor. No one should sign a non-compete agreement without considering important implications. For example, the agreement may say that any dispute or litigation will be governed by the laws of a state other than Massachusetts. Job candidates should try to negotiate whether the non-compete still applies if they are laid off or otherwise involuntarily terminated. If you are laid off, you might be able to negotiate a “carve out” that only excludes you from working for specific companies. An employee may not rely on oral assurances that
