NON-COMPETITION AND NON-SOLICITATION AGREEMENTS (NDA) LAWYER IN BOSTON

At Swartz Law in Boston, we understand that many employees and contractors are required to sign non-competition or non-solicitation agreements as part of their employment or when receiving severance packages. These agreements can have significant implications, and it’s crucial to fully understand your obligations and the potential impact on your future.

Our experienced team is here to guide you through these legal complexities, ensuring you are informed and protected. Don’t navigate this alone—let Swartz Law provide the expertise you need.

What is a Non-Competition (Non-Compete) Agreement?

A non-competition agreement prevents an employee from competing with their employer during their tenure and often for a set period after leaving the company. The agreement specifies what constitutes competition, typically involving working for another business that rivals your employer during the non-compete timeframe. For instance, you might be barred from joining a competing company altogether, or you might be restricted from holding a similar position.

Additionally, your agreement should detail the geographic scope of the restriction. Are you prohibited from working within a 10-mile radius of your employer? Is the restriction state-wide, nationwide, or even global? These are important factors to consider within the confines of your non-compete agreement.

What is a Non-Solicitation Agreement?

Like non-competes, non-solicitation agreements restrict an employee from engaging in certain activities for a specified duration. However, these agreements specifically prohibit soliciting or attempting to take away an employer’s business, customers, or employees. They are more easily enforced as they don’t limit an employee’s ability to work.

Why Do Employers Require These Agreements?

In Boston, employers are businesses that hold confidential and proprietary information vital to their success, such as trade secrets, customer contacts, technology, or strategic plans. These businesses aim to protect their ‘secrets for success’ from competitors by limiting employees’ use of such information gained during their tenure. Additionally, Boston employers strive to retain their skilled workforce and prevent mass departures.

However, in Boston, businesses may sometimes impose overly broad restrictions that are unnecessary. While it’s understandable for a company to limit the actions of a departing CEO or a scientist developing new pharmaceuticals, restricting a receptionist whose primary role is answering phones may not be warranted. Generally, these excessive limitations are not enforceable.

Don’t Assume Your Agreement Is Enforceable

The scope of your restrictions significantly influences the enforceability of your agreement. Many state courts are increasingly resistant to non-competition agreements as employers expand their reach and scope, affecting both the restrictions and the variety of employees covered. Typically, your agreement should be specifically designed to safeguard your employer’s legitimate business interests. Courts assess the following three primary criteria:

• Geographic area
• Length of time
• Scope of activities restricted

These matters are determined on a case by case basis and are very fact intensive.

Review Your Agreement with an Experienced Non-Compete Attorney in Boston

For agreement evaluation in Boston, reach out to Swartz Law for guidance from an experienced non-disclosure lawyer. We can assess your agreement, clarify your rights and obligations, and negotiate with your employer for reduced restrictions if suitable. Our Boston NDA attorneys also represent employees in disputes or when facing allegations of violations by an employer.