Massachusetts Noncompete Agreement: What's Included and Enforceability

Quick Facts — Noncompete Agreement Lawyers (Massachusetts)

Is a Non-Compete Agreement Enforceable in Massachusetts?

Yes. Non-compete agreements are enforceable in Massachusetts; however, the agreement must meet several strict requirements. A new law governing non-compete agreements, called the Massachusetts Non-Compete Agreement Act was enacted in 2018 that provided additional protections to workers and increased restrictions on occupations and employee status.

For a non-compete agreement to be enforceable in Massachusetts, it must meet the following requirements:

  • Legitimate purpose. The agreement must be used to protect and employer’s legitimate business interests which can include trade secrets, confidential information, or goodwill.
  • Specific scope. A non-compete agreement can only restrict employees from specific activities that the employee participated in while employed.
  • Geographic area. The geographic boundaries of the non-compete must be reasonable and cannot extend further than where the employee provided services during the past two years of employment.
  • Right to counsel. The agreement must include in writing that the employee has the right to consult legal counsel before signing.
  • 10-day rule. A non-compete agreement must be signed within 10 business days of beginning employment.

In addition to these requirements, the new non-compete Act also requires that employers pay employees 50% of their annual salary during the non-compete period. This is called a garden leave clause.

How Long Does a Massachusetts Non-Compete Agreement Last?

The maximum duration for a Massachusetts non-compete agreement is set by state statutes and is 12 months. The only exception to this law is if the employee has unlawfully taken property from the employer. In this case, the agreement can last up to two years.

Is the New Massachusetts Non-Compete Law Retroactive?

No. The Massachusetts Non-Compete Agreement Act is not retroactive and will not effect agreements that were signed prior to 2018.

Any agreements signed after the Act was passed will be subject to these new changes in law:

  • Non-competes cannot be enforced when a worker is laid off or terminated without cause.
  • Implementation of the garden leave clause
  • Required notice to the employee before the agreement is signed.
  • Requiring that the business interests protected by the agreement are specifically named.

How Do You Get Around a Non-Compete Agreement in Massachusetts?

In Massachusetts, non-compete agreements are often interpreted in favor of the employee because courts do not want to deprive a person the right to earn a living and support themselves. For this reason, there are several ways that an employee can get around or terminate a non-compete agreement.

  1. Contractual defenses. A non-compete agreement is a contract and must adhere to all laws that govern contracts. Contracts must contain an offer, acceptance, and consideration. In addition, contracts must be signed voluntarily and be free from fraud and mistakes. Any defenses that are available for contract enforcement also apply to non-compete agreements.
  2. Consideration. Non-compete agreements must include consideration. In Massachusetts, continued employment does not constitute adequate consideration for a non-compete. Courts require a material change in the employee’s compensation or position to meet the requirement of consideration.
  3. Blue penciling. Massachusetts allows the practice of blue penciling. This means a court can edit or modify an overly broad or unreasonable non-compete to make it enforceable. While this does not allow an employee to get out of a non-compete, it will allow a court to change the terms to be more in favor of the employee’s interests.

What Voids a Massachusetts Non-Compete Agreement?

A non-compete agreement in Massachusetts is void if it does not meet the procedural requirements to be a valid contract. These requirements include:

  • The non-compete agreement must be in writing.
  • It must be signed by the employer and the employee.
  • The agreement must expressly state that the employee has the right to consult with an attorney before signing the contract.

If the non-compete is missing any of these elements, it will be void.

Frequently Asked Questions

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Paula C. on ContractsCounsel
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Paula C.

Managing Partner
Free Consultation
Andover, MA
29 Yrs Experience
Licensed in MA
Massachusetts School of Law at Andover

DACC Law is a general practice client-centered law firm. I am a Partner in DACC and have been proudly serving clients across Massachusetts since 1997. With over 25 years of legal experience I have a built a reputation for trust, results-driven advocacy across a wide range of practice areas including contract law, personal injury, estate planning, workplace issues, and real estate. At the heart of my practice is a client-centered approach -- one that values clear communication, responsive service, and practical legal solutions tailored to each individual's needs. Whether helping a family protect their future through thoughtful estate planning, representing someone injured due to negligence, or guiding clients through complex workplace or property matters, I bring deep legal knowledge and personal attention to every case. If you're looking for a seasoned Massachusetts attorney who combines experience with empathy, and strategic insight with strong advocacy, I am here to help.

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Sean D.

Founding Partner
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16 Yrs Experience
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After 15+ years at leading firms in Silicon Valley, Boston, and DC, I started Supernova Law to partner with the clients who inspire me most—start-ups, mission-driven companies, B-Corps, and non-profits. My goal is simple: provide accessible, affordable, high-quality legal support to innovators creating positive change for our society. At Supernova Law, your vision and values come first.

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Sean W.

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Sean is an accomplished legal counsel with more than 10 years of experience providing assistance to individuals and companies of different sizes, from startups to Fortune 500s. He has been involved with various industries including biotechnology, consulting, healthcare, finance, hospitals, industrial manufacturing, pharmaceuticals, retail, software, and sports. He has been a key legal advisor and strategic business partner to senior leaders and stakeholder management, advising on a broad range of legal, contractual, corporate, and regulatory compliance matters on behalf of leading organizations in the U.S. and abroad.

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Matthew R. on ContractsCounsel
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Matthew R.

Attorney
Free Consultation
Boston, Massachusetts
7 Yrs Experience
Licensed in MA FL
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Matt Rubner is a Florida and Massachusetts licensed attorney. His practice focuses on estate planning, prenuptial and postnuptial agreements, and civil litigation, with an emphasis on providing clear, practical legal guidance tailored to each client’s specific circumstances. Matt works with individuals and families to create thoughtful estate plans that protect assets, avoid unnecessary probate complications, and ensure that a client’s wishes are clearly documented. His estate planning services commonly include revocable living trusts, wills, powers of attorney, healthcare directives, and guidance on properly funding trusts and coordinating beneficiary designations. He also regularly advises clients on prenuptial and postnuptial agreements. Matt approaches these matters with a practical and balanced perspective, helping couples create agreements that clearly define financial expectations while preserving fairness and transparency for both parties. In addition to his transactional work, Matt maintains an active litigation practice and represents clients in a variety of civil matters. His litigation experience gives him a strategic perspective when drafting agreements and estate plans, allowing him to anticipate potential disputes and structure documents in a way that reduces future conflict. Matt represents clients in both Florida and Massachusetts and frequently works with individuals who have assets, businesses, or family connections in multiple states. He focuses on making the legal process straightforward, efficient, and understandable so clients can make informed decisions with confidence.

Matthew B. on ContractsCounsel
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Matthew B.

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I am a Massachusetts attorney with an MBA and approximately six years of experience advising closely held businesses, business owners, and individuals on contracts, corporate transactions, commercial real estate, and day-to-day business legal issues. My practice focuses on helping clients draft, review, negotiate, and understand agreements that support their business goals while identifying practical legal and financial risks before problems arise. I assist clients with matters including business purchase and sale agreements, commercial leases, independent contractor agreements, confidentiality agreements, operating agreements, entity formation documents, corporate governance materials, and outside general counsel support. I also bring many years of litigation experience involving contract, business, real estate, construction, and ownership disputes, which I believe helps me review agreements with an eye toward clarity, enforceability, and avoiding future disputes. My goal is to provide practical, responsive, and business-minded legal guidance to small businesses, entrepreneurs, and individuals who need clear answers and well-drafted documents without unnecessary complexity.

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Employment

Noncompete Agreement

New Jersey

Asked on Apr 15, 2021

Can I work for a competitor with my current noncompete?

I have ended my non competent consulting agreement with my current employee and I have an offer to work as an employer “not as consultant” with a competitor company to my privious employees so can I work as an employee without any problem? The consultant agreement says the following: Under any circumstances the consultant shall not engage directly or indirectly either as a principal agent , consultant,stock holder , partner or in any other capacity whatsoever have any other relationship with any business which compete with the company in USA.

Jane C.

Answered Apr 16, 2021

I suggest that you have an attorney review the entire agreement. It is hard to comment reading a paragraph taken out of context. From the limited facts you present, it seems that you cannot accept this job offer without violating the terms of the non-compete. Disclaimer - This information is provided for general informational purposes only. No information contained in this post should be construed as legal advice and does not establish an attorney-client relationship.

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Contracts

Noncompete Agreement

Florida

Asked on Jul 30, 2023

Noncompete agreement and severance packages?

I recently left my job of 5 years, where I had signed a non-compete agreement. I am now negotiating a severance package with my former employer and am unsure of what my rights and obligations are regarding the non-compete agreement. I am seeking clarification on how the non-compete agreement should be handled in relation to the terms of my severance package.

Diane D.

Answered Sep 1, 2023

To be able to answer this question, I would need to see the agreements. No one can answer your question without seeing the agreements.

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Employee Rights

Noncompete Agreement

Texas

Asked on Jun 3, 2023

Noncompete agreement and moonlighting?

I am an employee at a company that has recently asked me to sign a noncompete agreement. I am considering doing so, but I am concerned about whether or not the agreement would prevent me from taking on additional freelance work outside of my normal job. I am interested in moonlighting and need to know if a noncompete agreement would limit my ability to do so.

Curt L.

Answered Jun 6, 2023

If you moonlighting work is in the same business and same market, it is almost certainly prohibited by a noncompete agreement.

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Employee Rights

Noncompete Agreement

New York

Asked on Dec 5, 2024

Can my employer enforce a non-compete agreement I signed even though I was not provided any additional compensation or benefits in return?

I recently started a new job and was asked to sign a non-compete agreement as a condition of employment. However, I just found out from a colleague that my employer has been enforcing the non-compete agreement against former employees and preventing them from working in similar roles at competing companies. I am concerned because I was not given any additional compensation or benefits in exchange for signing the agreement, and I believe it may be unfair and potentially unenforceable. Can my employer legally enforce the non-compete agreement even though I did not receive any additional compensation or benefits in return?

Damien B.

Answered Dec 6, 2024

Hello! Generally, New York courts require that a non-compete agreement be supported by adequate consideration. If the agreement is signed at the beginning of employment, the job itself may serve as adequate consideration. However, if the non-compete is signed after employment begins, the employer may need to offer additional benefits, such as a raise or promotion, for the agreement to be enforceable. There are other defenses against enforcement. For a non-compete agreement to be enforceable, it must be reasonable in terms of duration, geographic scope, and the scope of activities it restricts. A court will evaluate whether the agreement is necessary to protect the employer’s legitimate business interests, such as confidential information or customer relationships. If not, a court could rule the noncompete is not enforceable.

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Employee Rights

Noncompete Agreement

Georgia

Asked on Jul 4, 2023

How does a noncompete agreement work?

I am an employee at a small business and I have recently been asked to sign a noncompete agreement. I am not sure how these agreements work and what rights I have as an employee. I am also concerned about the restrictions that could be placed on me if I sign the agreement. I want to make sure I understand the implications of signing the agreement before I do so.

Nancy B.

Answered Aug 4, 2023

In its simplest terms, a noncompete agreement in an employment context is an agreement that says you will not compete with your former employer if you ever stop working for them. It typically forbids things like: + Working for a competitor + Starting a company that sells the same services/products as your employer + Recruiting employees from your current employer after you have left that employment. One thought is that this could be requested shortly before letting an employee go just to protect the company from competition but I hope that is not the case here as it seems like an unfair use of the noncompete agreement ability in Georgia. The issues are usually the geographical scope (for example within 15 miles of Dalton, Georgia), the time period (one or two years is usually sufficient and courts do not favor long noncompete agreements), and the consideration (such as a new job - which is not applicable in your case, or more compensation). Regards, Nancy A. Burnett

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