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Non-competition, non-solicitation and confidentiality agreements

Forum selection clauses in noncompetition agreements

I’ve written elsewhere on this blog about Massachusetts law and noncompetition agreements. This post reminds employees to be wary of a clause that requires them to agree that any dispute is governed by the law of a state other than Massachusetts. This is called a “forum selection clause.”

If you work in Massachusetts or live in Massachusetts, you really need to question why you are signing a  noncompetition agreement that is not controlled by Massachusetts law.  Why would you want to put yourself in the position of having to litigate this issue somewhere else?

Often, people receive a  noncompetition agreement at the point where they are getting a job offer. They are reluctant to push back or get a lawyer involved. Yet this is exactly when people need to get counsel, understand what they are signing, and perhaps negotiate this kind of provision which can create problems with exploring new career opportunities down the line.

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


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