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Non-competition, non-solicitation and confidentiality agreements

Noncompetition agreement can be nullified by new employment agreement

Massachusetts courts will generally enforce noncompetition agreements that are reasonable in length and scope.  However, if the employer asks the employee to sign a new employment agreement that does not include a noncompetition agreement and does not refer to the pre-existing noncompete clause, then the employer has no right to enforce the earlier agreement.  Moschino v. Frazier Industrial Co.  

Pamela A. Smith
Law Office of Pamela A. Smith
233 Needham Street, Suite 540
Newton, MA 02464
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pam@pamsmithlaw.com

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