Noncompetition Agreement Case in Massachusetts


Our client was a former sales representative who resigned her job to work for a competitor in a neighboring state. Though she had signed a noncompetition agreement some years earlier, the client did not believe it was relevant to her plans because she did not plan to solicit the same customers and possessed no information that might be unfairly used in the marketplace. She therefore accepted her new position and provided details about it to her soon-to-be former employer. To her surprise, the client’s resignation was met with immediate threats and, within days, a lawsuit that sought to block her from working in her industry for a year. Her new employer was also a defendant in the lawsuit. Two hearings were held regarding the former company’s request for an injunction to keep the new employer from hiring our client.

Result: We argued that the noncompetition agreement could not be used to prevent our client from working and persuaded the court to deny the injunction request. Upon issuance of the court’s decision, an agreement was reached among all parties to dismiss the lawsuit. Our client’s start of work was delayed, but she soon began her new job as a sales person.