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Barrister
Barrister, Lawyer
Category: Employment Law
Satisfied Customers: 33769
Experience:  15 years practicing attorney
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In the comm of mass if someone has a non compete and has been

Customer Question

In the comm of mass if someone has a non compete and has been denied unemployment can the non compete be enforced
Submitted: 1 year ago.
Category: Employment Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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Unfortunately, the person's status as to whether they are eligible for unemployment or not doesn't have anything to to with the enforceability of a non compete contract. Unless there is something in the contract that specifically states that it is not enforceable if the employee is denied unemployment, then that wouldn't act as a waiver of the enforcement of the contract.
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There are typically two reasons an employee would be denied benefits after a separation from their employer...a voluntary quit, or if they were terminated for misconduct. But neither of these affect the written non-compete contract.
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So to answer your question directly, yes, employer can attempt to enforce the non-compete even if the former employee has been denied unemployment.
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thanks
Barrister

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