The enforcement of a non-compete agreement hinges on whether it's reasonably necessary to safeguard the employer's legitimate business interest. This means, whether your agreement is or is not covered by the Massachusetts Non Compete Act, your employer must have something the law recognizes to protect in order to stop you from working for a competitor.
Generally speaking, the interests an employer can protect with a non compete fall into one of two categories: trade secrets and confidential information or employer goodwill. Whether these interests apply to you is highly fact-specific, and will depend on the nature of the job you held that is subject to the non compete. Merely desiring to prevent employees from working for competitors does not constitute a legitimate business interest. For instance, a back-office employee with no customer relationships or access to confidential information is unlikely to be bound by a non-compete agreement. Learn more about what interests can be protected by a non compete by visiting us at non compete and legitimate business interests.