MOST NON-COMPETE AGREEMENTS
ARE DRAFTED BY ATTORNEYS TO PROTECT THE EMPLOYER

If you are asked to sign a noncompete agreement, you should have it reviewed by an attorney or professional to insure that your rights are protected.

Does the Non-Compete Agreement Ask You to Give up Certain Rights?

  • Are you being asked to give the right to work and earn a living for you and your family?
  • Will the agreement affect your right to become employed?
  • What is the time limit on the agreement?
  • Are you being asked to not to work in certain geographical areas?
  • Are you being asked not to contact the socialize with certain individuals?
  • Are you being asked to give up a potential legally protected claim?
  • Does the agreement specify what court must be used to enforce the agreement?
  • Are you being asked not engage in certain employment opportunities or occupations?

In summary:
Courts will only enforce covenants not to compete if they are reasonable in time and geographic area. For example. short-term employees pose less of a threat to the firm’s goodwill relationship than those who have been employed for a very long time. In making their decision, the courts will also consider the character of the employment involved, as well as the situation of the parties, the necessity of the time and geographic restriction for the protection of the employer’s business balanced against the right of the employee to work to earn a livelihood. Generally, covenants to protect an employer’s good will relationship will be enforced in the geographic area previously served by the employee. The geographic restriction may be expanded when it is necessary to protect confidential information, or when the employee was a key employee in the former firm.” Taken from the Commonwealth of Massachusetts Secretary of State Citizen (Public) Information Service – An Explanation on Covenants Not To Compete in Massachusetts

Not Sure Of Your Rights?

If you are unsure whether the agreement is in your best interest, you should seek a no fee consultation with the Law Office of Feener & Wehrli LLC to discuss your concerns.

Please fill out our Potential Client Intake Form concerning your non-compete agreement case. Once we receive and evaluate your completed form, we will make every effort to promptly respond as your concerns and rights are important to us.