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Home Business Non-Compete Agreement Massachusetts

Massachusetts Non-Compete Agreement Template

Prevent a person or business from competing with your company by using a Massachusetts Non-Compete Agreement.

Updated May 21, 2023 | Legally reviewed by Brooke Davis

A Massachusetts Mon-Compete Agreement is a contract that prevents employees from taking their knowledge to a competitor for a certain amount of time after leaving the business. An employer can also use a non-compete agreement to specify confidential information that cannot be shared.

A non-compete agreement can cover trade secrets vital to the interest of the business, other types of confidential information related to the company, and goodwill shown by the company.

Table of Contents
  • Is a Non-Compete Legally Enforceable in Massachusetts?
  • Reasonable Use and Exemptions
  • Non-Compete Agreement Massachusetts Limitations
  • Massachusetts Non-Compete Agreement Sample

Is a Non-Compete Legally Enforceable in Massachusetts?

Yes, a non-compete agreement is legally enforceable in Massachusetts. You can use it to protect your confidential information by preventing an employee from sharing the information they learned at your business with your competitors; however, if you want your non-compete agreement to be enforceable, you need to understand the rules and limitations. [1]

Reasonable Use and Exemptions

A non-compete agreement must be narrowly tailored to protect legitimate business interests in Massachusetts. It has to be limited in time, space, and scope. If a non-compete agreement is inconsistent with public policy, it could be thrown out. In addition, requirements added in 2018 require that both parties be given adequate notice. The employee must be presented at least ten business days to review the non-compete agreement and be allowed to speak with legal counsel before signing the contract.

Furthermore, several categories of employees cannot be required to sign a non-compete agreement. They include broadcasters, physicians, nurses, social workers, psychologists, students, interns, short-term employees, and FLSA nonexempt employees.

  • Enforceable when terminated without cause? No, if signed in or after 2018. Yes, if signed before 2018.
  • Employee non-solicitation agreement permitted? Yes
  • Customer non-solicitation agreements permitted? Yes
  • Does continuing employment equal sufficient consideration? No [1]

Non-Compete Agreement Massachusetts Limitations

There are some limitations related to Massachusetts non-compete agreements that have to be followed. If these Agreements are not followed, the non-compete agreement might not be considered enforceable.

Time Limitations

In case of a breach of a non-compete agreement signed in Massachusetts, you have six years to bring a lawsuit.

Geographical Limitations

There are no hard and fast geographical limits on non-compete agreements signed in Massachusetts; however, it has to be consistent with the public interest, and they cannot create an undue burden on employees. If it does, a judge could decide to withdraw the agreement.

Massachusetts Non-Compete Agreement Sample

You may want to use a sample to help you draft you are non-compete agreement in Massachusetts. Take a look at our Massachusetts non-compete agreement sample, and download it in either Word or PDF format to make sure you don’t miss anything in your document:

non compete agreement template

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Legal Templates uses only high-quality sources, including peer-reviewed studies, to support the facts within our articles. Read our editorial guidelines to learn more about how we keep our content accurate, reliable and trustworthy.

  1. c.149 § 24L(b). https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter149/Section24L
non compete agreement template Preview PDF

Start building your Massachusetts Non-Compete Agreement here.

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