As a business owner you have invested substantial time, money and resources training your employees. How do you protect against those employees using that information to compete against you? The answer is a properly drafted Non-Compete Agreement. That Non-Compete Agreement can protect your business from employees using or sharing your confidential and proprietary information with your competitors. Massachusetts Courts do not, in general, look favorably on non-competes, but they most often will enforce a non-compete if it includes reasonable terms and conditions. That is why it's important for you to have the business lawyers at Percy Law Group, PC on your side. Contact us to arrange a free initial consultation. We will stay focused on your case, your needs, and your results. That is our promise to you. We will take aggressive action to achieve a cost-effective resolution for you.
Massachusetts law typically enforces non-compete agreements that meet the following criteria:
We will work with you to understand your business, its need for a non-compete, the work the subject employee does, and how best to draft a non-compete that will stand up in court against the employee. Employees who do not have an essential function in the company typically should not be asked to sign non-competes since it is difficult to establish a legitimate business purpose in doing so and may prevent the individual from being able to make a living.
Additionally, employers may ask an employee to sign a non-compete after he or she has already been working at a company for months or even years. A non-compete, like any contract, is not enforceable without offering any new compensation or benefit to the employee for signing it. It is important to remember enforceability will depend in part on whether or not it serves an essential or important business interest for the employer and whether some sort of compensation (financial or other) has been given to bind it. Since non-competes impact an employee's ability to leave for a more lucrative position, an employer should provide a pay raise, additional stock options, more vacation, or other incentive to offset the restrictions of a non-compete agreement. In cases where an employee is presented with a non-compete prior to his or her first day of work, the job itself is usually considered adequate "consideration" by the courts.
The business law team at Percy Law Group, PC, have represented numerous individuals and businesses in either combating or enforcing their non-compete agreement. We offer efficient, knowledgeable and cost-effective noncompetition agreement based legal services. Our attorneys have been providing the highest level of excellence in business law services for over two decades. We will settle for nothing less in our service to you. With that kind of experience we are very good at efficiently getting you the results you need. We also will provide you with the personalized attention you require.
Contact the experienced business litigation law team at Percy Law Group, PC, for sound advice on your particular legal needs. We can provide a comprehensive review of your options, advise you on the best course of action, and as appropriate take the action needed to protect your interests and pursue those interests in a determined, result focused manner. Contact us online or call us toll free at 508.718.2545 to schedule a free initial consultation.
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