New agreements made by current employers: when an employer asks a current worker to sign a non-compete clause, the new contract must also be supported by an appropriate consideration. This legal concept refers to a value exchanged between the parties, but it is not the same as when an employer asks a new employee to sign. The employer and a current worker are already bound by the conditions of a working relationship. There has to be something that goes beyond the current obligations for the new non-competition clause to be implemented, as. B for example, an increase or an increase in benefits. In other words, maintaining employment is not considered sufficient. Non-competition prohibitions should not be used to prevent normal competition or to deprive the worker of the right to use skills acquired during employment that do not correspond to a protected interest. Non-competition in Massachusetts: Ten Defenses, Conforto Law Group, 2016. List 10 ways to challenge the application of the non-compete clause under Massachusetts law, with links to business and laws. If you are an employee or employer in New Bedford, Worcester, Lowell, Springfield, Pittsfield or Hyannis and have questions about the applicability of competition contracts, contact us today. The law defines “employees” as independent contractors. Therefore, a non-compete agreement with a person acting as “employee 1099” or an independent contractor is subject to the same rules as an agreement with an employee. Even in the event of a sigh of the new law, employers should be very careful in requiring non-competitive agreements for independent contractors, as this may undermine an employer`s argument that a worker is properly regarded as an independent contractor.
As a result, other restrictive agreements are more appropriate for independent contractual relationships. In the event of a dispute over the validity of the agreement, the dispute must be brought in the county where the worker resides or, if the parties agree, in Suffolk County. If the dispute is brought in Suffolk County, then the Supreme Court will have sole jurisdiction over the case (which raises the question of whether a lawsuit could be filed in the Federal Court or withdrawn in the Federal Court). There are no jurisdictional restrictions if the case is filed in another county. In addition, the law requires that Massachusetts law apply to workers who reside or work in Massachusetts at the time of the employee`s dismissal. In this regard, employers will not be able to use a legal choice allowance to circumvent legal requirements. [A)n Agreement between an employer and a worker or, in another way, an existing or expected employment relationship in which the expected worker or worker agrees that the worker will not engage in certain specific activities that are competitive with the worker`s employer after the end of the employment relationship. Personally, I think that result does not correspond to the intent of the law.