will MA courts uphold a non-compete clause

UPDATED: Oct 1, 2022

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will MA courts uphold a non-compete clause

I was a buyer at an endoscope manufacturer in MA and signed a non-compete
agreement at the time of employment. I resigned 6/15/17 and received a 12 week
severance. How likely is the MA court enforce the non-compete after 9 months
from my termination. I want to accept an offer from a direct competitor as a

Asked on March 14, 2018 under Employment Labor Law, Massachusetts


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Non-competition agreements are enforceable in your state (Massachusetts). If you resigned from employment (as opposing to being terminated or let go), the courts will enforce the agreement. They  may reduce its duration IF they regard it as excessively long: that will depend on your level and pay. The higher level you were and the more you were paid, the longer they will enforce the agreement for. A year is not beyond what is fairly commonly enforced.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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