What is the maximum term length a non-compete (CNC) agreement can be enforced under Massachusetts law? Does it depend on industry or subject specifics? If so, where exactly are these laws defined? -- (Posted by Edwardzin on the Forum)
The following response was posted by attorney Lisa Sigman: The general rule for a non-compete clause is that is must be limited in scope both with regards to time and geography. If the clause does not contain time & geographic limitations, it is in most likely unenforceable. If the limitations are unrealistic, again the clause may be unenforceable. Beyond that, what is considered acceptable is varied. The only way to truly test it is in court. Comparison to industry standards, similar jobs etc. would provide a basis for what an acceptable clause would look like. Ultimately, there must be a balance between unfair competition and a person's ability to work/make a living.
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