Non-Compete Lawyer MA
At Bennett & Belfort, P.C., our noncompete lawyers in MA represent both businesses and individuals, whether the scope of representation involves drafting or reviewing a non-compete or non-solicitation agreement, or litigating disputes arising out of non-competition and/or non-solicitation agreements. The attorneys at Bennett & Belfort, P.C. can also assist in advising whether or not non-compete and/or non-solicitation agreements are reasonably related to protect a legitimate business interest, and whether or note these restrictive covenants are reasonably limited in scope and duration.
While non-compete agreements in Massachusetts are generally enforceable provided they serve a legitimate business purpose (vs. being designed solely to prevent competition), each specific fact pattern is unique in determining whether a court is apt to enforce it.
Click here to learn more about non-compete terms.
When To Use Non-Compete Agreements
Non-compete and non-solicitation agreements are contracts, and courts have wide latitude in deciding whether or not a non-compete provision is enforceable. In deciding whether or not to enforce a restrictive covenant such as a non-compete provision, courts will balance an employee’s right to work in their chosen field against an employer’s legitimate business need to prevent or restrict the employee from working for a competitor (or from servicing clients of the former employer).
Enforcement of non-compete agreements for purely anti-competitive reasons — that is, solely to prevent fair competition — is prohibited, and will generally not be enforced by either Massachusetts state or federal courts. However, each fact pattern is different and needs to be analyzed carefully. Some of the factors a court will consider in deciding whether or not to enforce a non-compete or non-solicitation agreement include whether the restriction:
- Is necessary to protect the legitimate interests of the employer;
- Is limited in scope and geography;
- Is harmful to the public interest; and
- Is reasonable under the circumstances.
Our Non-Compete Attorneys
The non-compete lawyers at Bennett & Belfort, P.C. advise both businesses and individuals regarding the enforceability of restrictive covenants, such as non-compete agreements and non- solicitation agreements.
Businesses who wish to protect their proprietary information and prevent employees from working for competitors or from taking clients or prospective clients, should have their employees sign carefully drafted non-compete and/or non-solitication restrictions. These agreements should be designed to serve a legitimate business purpose, and they should be reasonably limited in scope (geographic area) and duration.
Employees who have been asked to sign non-compete or non-solicitation agreements should make sure that these agreements are narrowly tailored to serve a legitimate business purpose, and that these provisions do not unduly restrict the employee from future employment.
The non compete lawyers at Bennett & Belfort will help draft, review, and litigate non compete disputes, both on the side of employers and employees.
Litigating non-compete agreements from both the perspective of the employer and employee, gives us the insight to understand how each side may view the dispute.
Contact Our Non-Compete Lawyers in MA Today
At Bennett & Belfort, P.C., our MA non compete lawyers advise both employers and employees regarding their rights with respect to how a court may view enforcement of a non-compete agreement.
From contract drafting and review, to advising clients on the enforceability of restrictive covenants, our experienced non-compete lawyers work to protect your interests.
If you have a question or a dispute in your workplace relating to a non-compete agreement or non-solicitation agreement, call
(617) 577-8800 to speak with a non compete lawyer in MA today.
