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  Massachusetts Legal Forum  Massachusetts  Labor Law & Emp...  non-compete clause
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New Post 11/13/2007 1:13 PM
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User is offline wboudet
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non-compete clause 

I reside in Texas but was employed for a company in Waltham, MA.  As a condition of accepting an executive position with the company, I agreed to a non-compete clause included in the employment agreement.  Recent legislative and credibility issues made me rethink my decision and I resigned from the company in September 2007.  As a condition of my leaving, my employer agreed to release me from the full enforcement of the non-compete, only enforcing it with regard to my most recent employer (who is a direct competitor) as part of a termination agreement.  Now, after more than 60 days in search of employment I have yet to find a suitable job.  My past employer has an opening which would be made available to me except for the non-compete.  Is there any likelihood of having the non-compete dismissed allowing me to go back to my previous company?  If so, what would the anticipated timeframe for such action be?

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New Post 12/4/2007 11:24 AM
User is offline Wasslaw
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Re: non-compete clause 

wboudet,

Hope is not lost!

The law disfavors non-compete agreements as going against the public policy of free trade and unreasonable restraint on an individual's right to work, practice their trade, earn a living... and pursue happiness.

Therefore, strict limitations are imposed on such agreements, including restrctions on time or duration as well as geography (market areas).

 

Unfortunately greater specifics cannot be provided at this time until you provide more details about your situation to a qualified attorney.

 

Please visit the True Lawyers Directory

or contact the Law Office of Brian J. Wasser, Esq. at (508) 862-9999.  (That's me).

Thank you for the opportunity to be of service.

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  Massachusetts Legal Forum  Massachusetts  Labor Law & Emp...  non-compete clause