Tag Archives: change

Another MA Noncompete Decision Addresses the “Material Change” Defense

Yet another Massachusetts Superior Court judge has issued a decision addressing whether a change in an employee’s job precluded enforcement of a previously-signed noncompete. (See here and here for previous discussions of this issue.) In an order issued last March (but only recently made public by Massachusetts Lawyers Weekly (login required), Superior Court Judge E. Susan Garsh rejected the “material change” arguments made by the defendant sales employees and issued a preliminary injunction enforcing their non-competition restrictions. The judge’s order,… More

The Perils of Promotions: Your Noncompete May be in Jeopardy

Many employers require that new hires sign a non-competition or non-solicitation agreement as a condition of hire.  Companies expect that these agreements will be valid and enforceable when the employee leaves, even if the employee and his or her job evolve over time.  In 2004, this basic assumption was called into question as a result of three successive decisions by Massachusetts Superior Court judges which held that a noncompete signed at an employee’s hire may later become unenforceable due to changed circumstances in the employee’s job. … More