Monthly Archives: February 2009

Information on Noncompete Debate

For those who have been following this blog’s discussion of the ongoing debate about noncompetes in Massachusetts and recently introduced legislation seeking to prohibit such restrictions, this site is a useful resource on the subject.  Thanks to Caroline Huang for bringing it to my attention.  It contains the text of proposed legislation and background information on noncompetition agreements in Massachusetts.  The site was created by Ms. Huang in consultation with Rep. Will Brownsberger,… More

Can a Noncompete be Unwritten?

It is possible — at least theoretically — to have a purely oral noncompete agreement.  A covenant not to compete is, most fundamentally, a contract, and a valid and legally enforceable contract can be formed through purely verbal communications (with some exceptions not relevant here). Nevertheless, given the heightened scrutiny that noncompetes are subjected to under Massachusetts law, any employer wishing to be able to enforce a non-competition restriction in court would want the agreement to be in writing.… More