As businesses across Massachusetts continue to navigate competitive markets in 2025, the protection of confidential information, client relationships, and business strategy is more important than ever. One of the most effective—but often misunderstood—tools for doing so is the noncompetition agreement.
At Percy Law Group, PC, we counsel employers throughout Massachusetts on the creation, enforcement, and defense of noncompetition agreements. Whether you’re protecting your company’s proprietary edge or navigating a potential breach, understanding the legal landscape is essential.
In this comprehensive guide, we break down the current state of enforcing noncompetition agreements in Massachusetts, provide practical strategies for employers, and explain how Percy Law Group, PC can help you achieve enforceability and peace of mind.
What Is a Noncompetition Agreement?
A noncompetition agreement (NCA) is a contractual clause that prohibits a former employee from competing with the employer for a specific time, within a specific geographic area, and under specific conditions. The purpose is to safeguard legitimate business interests, such as trade secrets, confidential business information, and customer goodwill.
But in Massachusetts, you can’t simply draft any restriction and expect it to hold up. Since the enactment of the Massachusetts Noncompetition Agreement Act (MNAA) in 2018, enforceability has required careful compliance—and in 2025, courts are applying this law more strictly than ever.
Key Requirements Under Massachusetts Law
To be enforceable, noncompetition agreements must meet strict statutory criteria under M.G.L. c. 149 §24L. At Percy Law Group, PC, we often help clients assess whether an NCA holds up to legal scrutiny—and how to fix one that doesn’t.
As of 2025, here’s what employers must include:
1. Written, Signed, and Delivered with Proper Notice
- The agreement must be in writing, signed by both parties.
- It must expressly inform the employee of the right to consult an attorney.
- Employers must provide the agreement at least 10 business days before the start of employment, or give 10 days’ notice before any mid-employment changes take effect.
2. Reasonable Time and Scope
- Duration of restriction must not exceed one year (except in cases of employee misconduct).
- Geographic limits must reflect actual business activity and client presence.
- Scope must be narrowly tailored to restrict only direct competition, not general employment.
3. Adequate Consideration
- Employers must provide “garden leave” pay (50% of the employee’s highest salary in the prior two years during the restricted period) or other mutually agreed consideration.
4. Applies Only to Certain Employees
- Non-competes are not enforceable against:
- Non-exempt (hourly) employees under the FLSA,
- Employees laid off or terminated without cause,
- Interns and minors.
- Non-exempt (hourly) employees under the FLSA,
Why Enforcement Is Complex in Massachusetts
Even when an agreement meets statutory standards, courts evaluate several factors before granting enforcement. Massachusetts judges ask:
- Does the employer have a legitimate business interest to protect?
- Is the agreement reasonable in scope, time, and geography?
- Does the restriction place undue hardship on the former employee?
- Would enforcement harm public interest, such as industry competition or patient/client choice?
At Percy Law Group, PC, we take these considerations seriously when advising clients on enforcement strategies. We don’t just write non-competes—we prepare them for court, if needed.
What Happens When a Noncompetition Agreement Is Breached?
If a former employee violates a valid non-compete, the employer can file a civil action in Massachusetts Superior Court. Relief may include:
Injunctive Relief
The most powerful remedy is a preliminary injunction—a court order preventing the employee from continuing to compete during litigation. Judges require proof of:
- A likelihood of success on the merits,
- Irreparable harm to the employer,
- A balance of hardships favoring the employer,
- Consistency with public interest.
Monetary Damages
Employers can also seek compensation for lost profits, client relationships, or trade secrets exploited during the breach.
At Percy Law Group, PC, we build strong evidentiary records to support both injunctive and monetary claims. Our litigators are experienced in moving swiftly when fast action matters most.
Recent Trends in Massachusetts Non-Compete Enforcement (2024–2025)
In 2025, the Massachusetts legal climate remains pro-employee, but not anti-enforcement. Judges remain willing to enforce NCAs when employers comply with the law and demonstrate genuine business harm.
A notable 2025 appellate case, Miele v. Foundation Medicine, confirmed that non-solicitation clauses tied to forfeiture provisions are not subject to the MNAA—and may be more enforceable under traditional contract principles. The decision clarifies that while non-competes are heavily regulated, not all restrictive covenants fall under the same rules.
This underscores a key point: enforcement isn’t one-size-fits-all. Employers must understand where their agreement fits in the legal landscape—and that’s where we come in.
Drafting Noncompetition Agreements That Stand Up in Court
Our team at Percy Law Group, PC helps Massachusetts businesses create agreements that meet all statutory requirements and court expectations. Best practices include:
- Tailoring the scope to your industry and geography,
- Clarifying terms to avoid ambiguity,
- Including fallback provisions like non-solicits or confidentiality clauses,
- Documenting consideration, such as signing bonuses or stock options,
- Updating agreements annually to reflect changes in role, salary, or law.
Whether you're a startup hiring your first sales rep or a regional company with hundreds of employees, our attorneys ensure that your NCAs do what they're supposed to—protect your business.
How Percy Law Group, PC Helps Enforce Noncompetition Agreements in Massachusetts
Our approach is comprehensive and strategic. We assist Massachusetts employers with:
Drafting and Reviewing Agreements
We’ll write or review your contracts to ensure full legal compliance and practical enforceability—based on your business goals, industry, and risk.
Enforcement and Litigation
When agreements are violated, our litigation team moves quickly to obtain court orders or negotiate settlements that stop the damage.
Defense Against Legal Challenges
If a former employee disputes enforceability or files a counterclaim, we build a strong factual and legal case that protects your business interests.
Compliance and Risk Management
We advise HR teams and executives on how to apply noncompete policies consistently and lawfully—avoiding exposure while preserving leverage.
From the South Shore to Boston to Western Massachusetts, Percy Law Group, PC has built a reputation as a trusted partner in Massachusetts non-compete enforcement.
Final Thoughts: Enforceability Is in the Details
In 2025, the rules around enforcing noncompetition agreements in Massachusetts continue to evolve—but the core takeaway is simple: the strength of your agreement depends on how it’s drafted, delivered, and defended.
At Percy Law Group, PC, we’ve helped countless employers secure and enforce the protections they need to stay competitive. If you're unsure whether your current noncompete agreements will hold up—or you need to take action against a breach—our team is ready to help.
Call us today to schedule a consultation and protect what you’ve built.