Massachusetts Court Holds That Job Changes Do Not Necessarily Nullify Non-Competition/Non-Solicitation Agreements.

Mondaq Business BriefingNbr. 2005, January 2005

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Massachusetts Court Holds That Job Changes Do Not Necessarily Nullify Non-Competition/Non-Solicitation Agreements.

By Wilfred J. Benoit, Jr., James W. Nagle, Robert M. Hale and Bradford J. Smith

Originally published November 17, 2005

Some Massachusetts Superior Court decisions over the past two years have suggested that changes in job responsibilities, such as promotions and demotions, can nullify existing non-competition/non-solicitation agreements, and that employers who want the protection of such restrictive covenants must have their employees sign new agreements every time such changes take place. As noted in our April 5, 2004 client alert, Recent Massachusetts Court Decisions Highlight the Importan...

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