Walk It Through: The Noncompete At Hiring
When a Massachusetts noncompete arrives, how long it may run, and the employees it cannot reach.
A software tester gets a formal job offer with a noncompetition agreement attached.
Two things a person in this spot might do. Picking one shows what the law says about it.
One offer and one layoff. Non-solicitation and confidentiality agreements, trade secret law, the sale of a business, and an agreement signed after hiring are not worked through here.
A practice walkthrough, not a prediction of how any real one will go. Legal information, not legal advice.
Words this turns on
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
- Garden leave clauseA clause in a noncompetition agreement paying at least 50 percent of the employee's highest annualized base salary over the restricted period. The agreement must be supported by one, or by other agreed consideration.
- Noncompetition agreementAn agreement limiting work after employment ends, valid only in writing, signed by both sides, stating the employee's right to consult counsel, and for a restricted period of no more than 12 months from the end of employment, or 2 years after a breach of fiduciary duty or an unlawful taking of the employer's property.