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Barrister, Lawyer
Category: Employment Law
Satisfied Customers: 37088
Experience:  16 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: 2 years ago.
Category: Employment Law
Expert:  Barrister replied 2 years 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.
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.
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.
So to answer your question directly, yes, employer can attempt to enforce the non-compete even if the former employee has been denied unemployment.