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The Clause About Working Elsewhere

G.L. c. 149, § 24L — twelve months at most, garden leave, and who it cannot reach

In Massachusetts, a noncompetition agreement is valid and enforceable only if it meets the minimum requirements of the Noncompetition Agreement Act: in writing, signed by both sides, stating the employee's right to consult counsel, and no broader than necessary to protect trade secrets, confidential information or goodwill.

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Twelve months, and paid for. The restricted period may not exceed 12 months from the end of employment, or 2 years where the employee breached a fiduciary duty or unlawfully took the employer's property. The agreement must be supported by a garden leave clause, paying at least 50 percent of the highest annualized base salary over the restricted period, or other agreed consideration.

Who it cannot be enforced against. An employee classified as nonexempt under the Fair Labor Standards Act, students in internships or short-term employment while enrolled, employees terminated without cause or laid off, and employees age 18 or younger.

Notice. An agreement signed at hiring must be provided by the earlier of a formal offer or 10 business days before employment starts. One signed later needs consideration beyond continued employment and at least 10 business days' notice.

The assumptionWhat the law actually does
The assumptionA noncompete binds even after a layoffWhat the law actually doesNot against an employee terminated without cause or laid off
The assumptionA noncompete can run as long as the employer likesWhat the law actually does12 months at most, outside the breach exception

Non-solicitation and confidentiality agreements, trade secret law and the sale of a business follow rules of their own and are not all on this page. Whether a particular clause is enforceable is a question for a licensed Massachusetts attorney.

Sources for this section (1)
  1. G.L. c. 149, § 24L — Massachusetts Noncompetition Agreement Act

Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Massachusetts attorney.

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