Boston Non-Compete Agreement Attorneys

Representing Individuals & Business Owners

Most people are willing to sign a non-compete agreement when they start a new job because they are anxious to start a new chapter in their professional lives. Most people do not want to consider the prospect that this new, exciting opportunity will someday come to an end.

And some people are unfortunately so desperate for a paycheck that they have no choice but to execute an agreement that imposes serious restrictions after the employment relationship is over. It is extremely rare for a corporation to immediately file a lawsuit against a former employee who allegedly is in violation of a non-compete agreement.

Companies that "jump the gun" can be sanctioned by the courts if the company lacked a good-faith basis to initiate litigation. As such, almost every time, the company will have its lawyers send the former employee a “cease and desist” letter reminding the employee of his/her obligations and seeking assurances that the former employee will comply with the contractual obligations.

If you receive a cease and desist letter, it is extremely important that you call a Boston employment lawyer immediately. There are many different ways that a talented, experienced attorney can destroy a non-compete agreement.

Attorney John Davis has represented hundreds of individuals with non-compete agreements in his career and has taught business law subjects at the New England School of Law and in other continuing education seminars.

Our team can often convince the company’s attorneys that the non-compete agreement is unenforceable for any number of reasons, and therefore the company risks sanctions for bringing a lawsuit that lacks a good faith basis in fact and law.

Davis & Davis, P.C. consults with small to mid-size companies about what types of restrictive covenants, if any, are necessary and appropriate to protect a company’s legitimate business interests.

Sometimes a non-compete is necessary because a company needs to protect:

• Proprietary information
• Trade secrets
• Or goodwill

However, sometimes a non-compete agreement is overkill and the company’s needs would be best served with:

• A non-solicitation agreement
• A non-disclosure agreement
• Or a confidentiality agreement

All of which are easier to enforce in the Massachusetts Superior Court.

Non-Compete Agreements in Massachusetts

In Massachusetts, non-compete agreements are still enforceable, generally speaking. In recent years, there has been a grass-roots campaign to eliminate or to impose restrictions on non-compete agreements in Massachusetts.

Many people are aware that the state of California takes a very dim view of non-compete agreements and many Massachusetts residents and plaintiff-side employment law attorneys believe that we should follow suit.