is my non-compete enforceable

my company was recently acquired, and I was asked to again sign my non-compete, as the original was supposedly lost. The non-compete carries over to the new company. The specifics of the non-compete state "While employee by company and for (12) months after Employee's employment terminates (the "Non-Competition Period"), Employee shall not, directly or indirectly, whether as owner, partner, investor, consultant, agent, employee, co-venturer or otherwise, compete with Company or any of its affiliates within a 50 mile radius of any PSG office or undertake any planning for any business competitive with Copany or any of its affiliates". The company in question is a consulting firm that provides consulting services for the installation, configuring, training, etc, on all Microsoft products. Since my residence is within a 50 mile radius of the nearest company office, I affectively cannot even work out of my own home in the same field (time for a career change?). Therefore, I most likely will not even be able to provide for my family for a period of 1 year after resigning from this company. In my opinion this is too broad and unenforceable. I would greatly appreciate consulting with an attorney about the validity of this document.

1 answer  |  asked Aug 5, 2009 2:39 PM [EST]  |  applies to Massachusetts

Answers (1)

Judith Miller
Whether a Massachusetts non-compete agreement is enforceable depends on a number of different factors, including the circumstances surrounding execution of the agreement, the terms and wording of the agreement, and the nature of the business of the existing and competing companies. These determinations are very fact intensive. If you would like to discuss the matter further, please contact me.

Judith A. Miller
Miller Employment Law Group LLC

posted by Judith Miller  |  Aug 6, 2009 12:29 PM [EST]

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