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My daughetr signed a non compete clause, she worked for 3…

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My daughetr signed a...

My daughetr signed a non compete clause, she worked for 3 months with a behaviorial science company in ma. and part of her joining them was they would provide a structured supervision from one of their team to support as my daughters instructor as she goes for her masters, they ended up saying they could not do it after my daughter worked for 3 months. So my daughter left and went to work for another company 22 miles from them as they could do the support function for my daughter to coninue to get her masters, now the first company is coming back and saying my daughter can not work there because of the non compete. does my daughter have any hope to keep her current job

Lawyer's Assistant: Have you discussed the non-compete agreement with a manager or HR? Or with a lawyer?

She spoke to the hr department of her current company but they cannot help, she is calling today to speak to a lawyer

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

At will no union

Submitted: 2 months ago.Category: Employment Law
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Answered in 15 minutes by:
5/29/2018
Employment Lawyer: Law Educator, Esq., Attorney replied 2 months ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 126,810
Experience: 20+ Years of Employment Law Experience
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

What is the wording of the non-compete agreement?

Is she working for a company that does compete with her previous employer?

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Customer reply replied 2 months ago
Outside employment must not conflict in any way with your responcibilities within our ESCORP. The team member will not,during his or her employment with ESCORP Behaviorial Connections,inc. And for a period or 12 months after termination or cessation of employees employment with BC. Either directly or indirectly, engage or become interested in any manner,as a shareholder,employee,officer,director,partner,independant contractor,propritor,owner,within 50 miles of*****bridgewater ma 02324, in any business enterprise which is in any respect competitive with the business of BC conducted during the term of employment herunder during the time of his or her termination or cessation of employment.
Customer reply replied 2 months ago
Outside employment must not conflict in any way with your responcibilities within our ESCORP. The team member will not,during his or her employment with ESCORP Behaviorial Connections,inc. And for a period or 12 months after termination or cessation of employees employment with BC. Either directly or indirectly, engage or become interested in any manner,as a shareholder,employee,officer,director,partner,independant contractor,propritor,owner,within 50 miles of*****bridgewater ma 02324, in any business enterprise which is in any respect competitive with the business of BC conducted during the term of employment herunder during the time of his or her termination or cessation of employment . and yes they do compete
Employment Lawyer: Law Educator, Esq., Attorney replied 2 months ago

Thank you for your reply.

The MA courts hold that non-compete agreements are enforceable in MA as long as they are narrowly tailored to protect the employer's legitimate business interests, they are reasonable in geographic location and reasonable in duration. Here 12 months is reasonable duration and 50 miles is reasonable in geographic location only if the company does business within that 50 mile radius.

As far as the narrowly tailored to protect a legitimate business interest of the employer, the courts hold that if the business does compete with the employer, then the employer could enforce this provision and she is going to need to negotiate a resolution, because if they report this to the current employer, the current employer could be forced to terminate her or they too could be sued for interfering with the non-compete.

These contracts are enforceable in MA.

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