Mass: Enforceability of restrictive covenants in employment agreement

[morecowbell]

MASSACHUSETTS:

I am an I.T. Consultant with a company in Massachusetts. When I was hired I signed an employment agreement that includes restrictive covenants, with language that (among other things) indicates that I may not accept employment or otherwise do work for any client of my employer that I have worked for, for 12 months following any termination of my employment.

My question is, are such restrictive covenants usually enforced by Massachusetts courts? I know in some specific cases (e.g., doctors) they are prohibited, but what about more generally? I have been contacted by a former client who would like to bring me on board, but my employer cannot free me up from my current assignment in time to go back to this client. So they are asking if I could work for them independently of my employer.

What's the general trend in Mass. courts regarding these types of situations? Aren't courts generally hostile to enforcing language that inhibits workers' abilities to change jobs freely? I'm not talking about stealing other employees away or anything like that.

Thanks.

 

[cbg]

We cannot comment on the enforceabilty of an agreement we have not read. These things are far too situation specific to generalize about; the EXACT wording of the ENTIRE agreement makes a GREAT deal of difference as to how a court would rule.

 

[morecowbell]

We cannot comment on the enforceabilty of an agreement we have not read. These things are far too situation specific to generalize about; the EXACT wording of the ENTIRE agreement makes a GREAT deal of difference as to how a court would rule.

Relevant section of the agreement:

No Solicitation of Clients. During employment with the Company and for a period of one (1) year after termination of such employment, whether such termination was with or without cause, voluntary or involuntary, Employee will not, as a principal, company, partner, agent, consultant, independent contractor or employee, (1) call upon, cause to be called upon, solicit or assist in the solicitation of, any current client, former client or potential client of Company for the purpose of selling, renting or supplying any product or service competitive with the products or services of Company; (2) provide any product or services to any current client, former client, or potential client of Company which is competitive with the products or services of Company; or (3) enter into any business arrangement with any other person or firm who is or has been an employee or subcontractor of Company within the one (1) year period immediately preceding Employee's termination. This paragraph does not apply to work performed on behalf of any individual or entity that is not a present or former customer of the Company or for whom Employee has not peformed services during the one (1) year prior to Employee's termination. For purposes of this paragraph, "potential client" means any client to whom Employee's resume was submitted or of which Employee otherwise had knowledge by reason of Employee's relationship with Company.

Employee specifically acknowledges and agrees that if Employee is on an assignment with a Company client, Employee will not continue to perform that same or similar assignment individually or on behalf of another company for a period of one (1) year after the date the Employee ceases to perform that assignment with the Company.

That's the key section. There's boilerplate stuff elsewhere that says that I stipulate that the agreement is "fair and reasonable" bla bla bla. It's seven pages long and I only have a hardcopy. Not typing all that in!

Again, I am only asking if anyone knows what, if any, is the general recent trend is in Massachusetts court decisions in regards to clauses like this in employment agreements. I am not asking for any specific advice regarding this particular clause.

I hope this is enough to provide some context. If not, thanks anyway.

 

[cbg]

No, I don't know the general recent trend in MA courts. I don't even know if there is a general recent trend in MA courts since, as I said, each agreement is different.