The employee desires to be employed by the company in a capacity in which he/she may receive, contribute, or develop confidential and proprietary information. Such information is important to the future of the company and the company expects the employee to keep secret such proprietary and confidential information and not to compete with the company during his/her employment and for a reasonable period after employment.
A Massachusetts Employee Confidentiality and Unfair Competition Noncom petitionon - Agreement is a legal document designed to protect the interests of employers by imposing certain restrictions on employees' activities that may harm the employer's business. This agreement ensures that employees maintain confidentiality regarding proprietary and sensitive information they come across during their tenure. It restricts the use and disclosure of such information to prevent any unauthorized dissemination, ensuring that the employer's trade secrets, business strategies, customer lists, and other valuable intellectual property are not compromised. Furthermore, this agreement prohibits employees from engaging in unfair competition activities, which can include soliciting the employer's clients, customers, or employees for personal gain, or engaging in any activity that may be detrimental to the employer's business interests. Massachusetts recognizes two main types of noncom petition agreements: 1. Traditional Noncom petition Agreements: These agreements restrict employees from working with direct competitors for a specific period of time and within a specific geographic area after the termination of their employment. The scope and duration of these restrictions must be considered reasonable to protect the employer's legitimate business interests and should not unduly burden the employee's right to earn a livelihood. 2. Massachusetts' Noncom petition Reform Act: Effective from October 1, 2018, this act introduced notable changes to noncom petition agreements. It restricts the duration of noncom petition agreements to one year, prohibits enforcement against certain employees (such as non-exempt workers or individuals under the age of 18), requires advance notice to employees, and imposes certain compensation requirements during the restricted period. To be enforceable, Massachusetts law now requires that noncom petition agreements be supported by a bona fide consideration (such as additional compensation, specialized training, or access to confidential information) and must be in writing, signed by both parties. The specific terms and conditions of a Massachusetts Employee Confidentiality and Unfair Competition Noncom petitionon - Agreement may vary depending on the employer's specific needs and industry. Therefore, it is essential to consult with legal professionals to draft an agreement that complies with all relevant state laws and regulations.
