We often write on Currents about developments in the area of non-compete law, primarily case law and statutory developments across the country in this highly state-specific area. This year will likely be no different – among other things, the seemingly annual ritual of Massachusetts non-compete legislation has begun anew. While the rules shift and evolve, when employers and employees find themselves in disputes over non-competes, there are recurring themes or factors that might have been avoided. An article I wrote reviews these factors, broken down by the three actors present in virtually every noncompete dispute:
- The employee who signed the agreement
- The employee’s former employer who holds the non-compete and seeks to enforce restrictions
- The new employer who seeks to employ the employee in some capacity