A recent case decided in the Middlesex County Superior Court illustrates how not every claim of generalized “unfairness” will be sufficient to avoid enforcement of a non-competition agreement.
In A.R.S. Services, Inc. v. Baker, the defendant employee worked for A.R.S. Services, a company in the disaster restoration field, and had signed an agreement with non-competition and non-solicitation provisions, both enforceable for one year after he left the employ of A.R.S. Shortly after the employee had resigned from A.R.S., he began working for a competitor of A.R.S. and solicited A.R.S. customers for his new employer. A.R.S. filed suit against… More