Chances are that as a CEO or other senior executive you are currently subject to a non-compete agreement, one that includes restrictions on your ability to compete with your employer after separation. Non-competes are upheld to some extent in 47 states and the District of Columbia. The exceptions are California, North Dakota and Oklahoma, each of which broadly prohibit non-competes for employment. However, even California allows for enforcement of non-competes in connection with the sale of a business but not on simple termination of employment. This article discusses both the coverage and pitfalls of non-competes but also offers techniques for the CEO and senior executives to surmount non-competes and protect your career including the following: Massachusetts Law for Non-Compete Enforcement The laws of Massachusetts on non-compete agreements are typical of most states. Subject to certain limitations, Massachusetts law allows agreements that prevent an executive from engaging in a business competitive with his or her employer for a certain period after termination of employment. To be enforceable, a non-compete must The Massachusetts Supreme Judicial Court has held – “A covenant not to compete contained in a contract for personal services will be enforced if it is reasonable, based on all the circumstances. In determining… Read full this story
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