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I signed a no compete clause. But it doesn't list a time…

Customer Question
I signed a no...

I signed a no compete clause. But it doesn't list a time frame for the covenant period nor a location or specifics to where I can compete. It just refers to the governing laws of Massachusetts. So my question is how long do I have to wait to get a job from a current customer of the employer?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Massachusetts. But I live in Rhode Island.

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

At will full time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Basically its more just into my no compete clause. What rights I have if any. Or do I just have to wait for the covenant period to end. Even though I don't know how long that is.

Submitted: 8 months ago.Category: Employment Law
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11/20/2017
Employment Lawyer: Legal Eagle, Lawyer replied 8 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 13,471
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 8 months ago
ok
Employment Lawyer: Legal Eagle, Lawyer replied 8 months ago

Thanks so much for your patience. So, generally, the only thing regarding the law of MA is that "A covenant not to compete contained in a contract for personal services will be enforced if it is reasonable, based on all the circumstances." (All Stainless, Inc. v. Colby , 364 Mass. 773 (1974).) The courts in MA have also said that the non-competes are only going to be reasonable so long as they're focused in on protecting the goodwill of an employer's business. In your case, if there is no time frame or location or any other specifics, it is likely that at a minimum this section needs to be reformed and renegotiated. At a maximum, it is entirely unenforceable. It would really depend on how a court would interpret this. Thus, it is probable that you aren't limited by this non-compete agreement because it is poorly drafted and because MA non-competes allow for a pretty narrow set of circumstances for them to be enforceable.

What other questions did you have for me today?

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Customer reply replied 8 months ago
Thank you
Employment Lawyer: Legal Eagle, Lawyer replied 8 months ago

The pleasure is all mine! There’s just a few other things I’d like you to know before we wrap up this conversation:

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