BOSTON BREACH OF CONTRACT LAWYER: CONTRACTS, BAD FAITH AND DEFAMATION CLAIMS AT WORK
In Boston, employment contracts are a common aspect of the workplace, even for ‘at-will’ employees. Frequently, employers require employees to sign non-competition and non-solicitation agreements as part of their employment conditions. It is crucial that employers uphold the terms of these contracts. Failure to do so, engaging in bad faith actions, damaging reputations, or interfering with business relationships can result in legal accountability.
Consider a scenario where a former employee starts working for a competitor in the same industry. The expectation is they would not disclose trade secrets that provide a competitive edge. A well-drafted non-compete and non-disclosure agreement can protect against business losses to competitors while balancing the interests of all parties involved. Ideally, such an agreement would prevent a former employee from working with industry competitors for a specified period, safeguarding the former employer’s business interests in Boston’s competitive market.
Another example is when a former employee departs from your company to launch their own business. Ideally, a non-compete agreement would restrict the geographical location of the former employee’s new business clients to prevent encroaching on your existing client base. Additionally, a non-solicitation agreement would stop a former employee from contacting your current clients.
To illustrate a good versus bad faith claim in practice, consider a scenario where an employee consistently performs well in periodic reviews, leading them to believe they are secure in their position. However, if they suddenly receive a termination notice, they may feel caught off guard and unprepared, perceiving themselves as victims of a bad faith breach.
The Impact and Limitations of Non-Compete Clauses Across States
It’s important to highlight that in certain states, like California, employers cannot enforce non-compete clauses; attempting to do so can lead to lawsuits. North Dakota, Oklahoma, Hawaii, and Utah also have legal restrictions on non-compete clauses for employers.
Additionally, a 2021 study revealed that non-compete agreements should not apply to lower-wage workers, as they can negatively impact the economy and industry competition. Be vigilant for any potential warning signs you might miss if you’re asked to waive some of your legal rights in future agreements or compromises.
Comprehensive Employment Law Representation by Swartz Law in Massachusetts
- Swartz Law represents employees in Boston and throughout Massachusetts with all aspects of employment law, including handling contract, bad faith, interference and defamation claims including the following:
- Breach of employment, equity, and independent contractor agreements
- Breach of severance and settlement agreements
- Violations of the covenant of good faith and fair dealing
- Interference with contractual or business relations
- Unreasonable restrictive covenants, including in non-competition and non-solicitation agreements
- Defamation
With over fifteen years of experience handling such claims, Attorney Swartz can answer your questions, help you understand your rights and options, and pursue any claim you have.