How long may a non-competition agreement last for?
In Massachusetts, non-competition agreements are frequently required of employees by employers. These agreements must be reasonable both in terms of their geographic scope and in their duration. Such an agreement will expire at the end of its stated term. However, it is possible for the duration to be extended by the agreement of the parties. Non-competition agreements may include a provision which provides for the tolling of the term due to litigation or willful employee conduct, such as concealment of the breach by the employee or theft of confidential information. Some Massachusetts Courts have also extended the duration of a covenant not to compete based upon the conduct of the employee.
For questions about non-competition agreements in Massachusetts, or any other business questions, contact one of the Massachusetts business attorneys at the Franklin, Massachusetts law firm of Doherty, Ciechanowski, Dugan & Cannon, P.C.