If an employer has sued you for allegedly breaking a non-compete agreement, Duddy, Goodwin & Pollard may be able to help you. Our Boston non-compete agreement lawyers will help you move forward with your career by challenging the agreement.
The landscape of non-compete law is in flux. The Federal Trade Commission’s 2024 rule to void most non-compete agreements is currently under appeal. This uncertainty makes it more crucial than ever to have knowledgeable legal guidance when a dispute arises.
Learn how we can help you if you’ve been accused of a non-compete violation. Contact our Boston labor and employment law firm for a free consultation about your situation.
Understanding Non-Compete Agreements in Massachusetts
In Massachusetts, non-compete agreements are governed by the Massachusetts Noncompetition Agreement Act. This law sets specific requirements for these agreements to be enforceable, including duration and geographic scope limitations.
Your employer must provide advance notice of any non-compete agreement, and you have the right to seek legal counsel before signing. We regularly see cases where employers have created agreements that wouldn’t stand up to legal scrutiny.
Understanding your rights under Massachusetts law is the first step in protecting your career mobility. Before signing any non-compete agreement, let our non-compete agreement lawyers in Boston, MA, check that it complies with the law.
Understanding Garden Leave Provisions
Massachusetts law requires employers to provide “garden leave“ or other mutually agreed-upon consideration during the restricted period. Garden leave requires your employer to pay you at least 50% of your highest base salary during the restricted period.
Our attorneys can help you determine whether your agreement meets these requirements and what options you have if it doesn’t.
For a free legal consultation with a non-compete agreement lawyer serving Boston, call (860) 999-9394
Steps to Take When Faced With a Non-Compete Issue
Before signing a new non-compete agreement, seek legal review to understand its implications. We can help you negotiate more favorable terms or identify potential issues before they become problems.
If you’re already bound by an agreement and considering new employment, we can assess your options. With proper legal support, many restrictions can be successfully challenged or negotiated.
Document all communications with your employer regarding the non-compete agreement. This information can be crucial if legal action becomes necessary. Documentation may prove that your employer engaged in retaliation.
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When Non-Compete Agreements May Be Unenforceable
Your non-compete agreement might be invalid if it does not meet Massachusetts legal requirements. Common issues include agreements that are too broad in scope or duration or signed without proper consideration.
Protecting trade secrets must be a legitimate business interest for the agreement to be valid. If your employer cannot demonstrate this necessity, we may be able to challenge the agreement’s enforceability.
We’ve successfully helped clients overcome restrictive agreements that prevented them from earning a living in their chosen field. Each case requires careful analysis of the specific terms and circumstances.
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The FTC Is Working to Ban Noncompetes
The Federal Trade Commission’s 2024 non-compete rule attempted to ban most non-compete agreements nationwide because they are so anti-competitive and harmful to workers. However, a federal district court’s intervention has temporarily halted this sweeping change.
While the FTC’s appeal is pending, they’re reviewing non-compete agreements on a case-by-case basis. This creates opportunities for workers to challenge unfair restrictions on their employment options.
Our non-compete agreement attorneys in Boston, MA, can determine whether your agreement falls within the FTC’s current enforcement priorities or work to prove to an employer that their non-compete agreement is now invalid if the rule changes.
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Negotiating With Your Current Employer
Sometimes, the best approach is to negotiate modifications to your existing non-compete agreement. We can help you approach your employer to discuss reasonable adjustments to the terms.
Many employers are willing to modify overly restrictive agreements when presented with clear legal arguments. These modifications can include narrowing the geographic scope or shortening the duration of the restriction.
We can also help you negotiate an early release from your non-compete agreement if you plan to leave your current position.
Protection Against Retaliation
Questioning or challenging a non-compete agreement is a legally protected activity. If your employer has retaliated against you for raising concerns about your agreement or seeking legal counsel, you may have additional claims against them.
Common forms of workplace retaliation include sudden negative performance reviews, reduced work hours, demotions, or termination. Massachusetts law provides strong protections against such retaliatory actions, and employers can face significant penalties for engaging in them.
Our attorneys have successfully represented clients who faced retaliation after questioning their non-compete agreements. We can help you document the retaliatory behavior, pursue appropriate legal action, and protect your right to work.
Speak With Our Boston Non-Compete Agreement Lawyers
Don’t let an unfair non-compete agreement prevent you from pursuing better opportunities. At Duddy, Goodwin & Pollard, we’re committed to helping Boston workers protect their right to earn a living.
Contact us today to schedule a consultation about your non-compete agreement. Our non-compete agreement attorneys in Boston will review your situation and help you understand your options for challenging or voiding the contract.
Call or text (860) 999-9394 or complete a Free Case Evaluation form