Non Compete Agreement Validity

Summary

The user is seeking advice on a non-compete agreement they signed with a previous employer in Massachusetts. The agreement did not specify a time limit or geographical restriction. The user did not receive any consideration for signing the agreement and did not receive legal advice before signing. The user is now providing similar services for a different company, and former clients are seeking their services. The enforceability of the non-compete agreement in Massachusetts depends on its reasonableness in terms of time, geography, and scope.

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I worked at an employer for several years and believe i signed a non compete form that had no time limit. I currently am working for someone and the previous customers are seeking me out looking for the services to be provided by me and not the previous company. Can i legally perform these services?
Did you receive any consideration (like a raise or bonus) when you signed the non-compete agreement?
No
What state was the non-compete agreement signed in? This is important as non-compete laws vary by state.
Massachusetts
What is the nature of the services you are providing? In Massachusetts, non-compete agreements are generally enforceable if they are reasonable in time, geography, and scope.
Fire Protection / alarms inspection testing and maintenance.
Are the services you're providing now similar to the ones you provided at your previous job?

In Massachusetts, non-compete agreements:
- Must be limited in time, geography, and scope
- Cannot be enforced against employees terminated without cause or laid off.
They would be the same service. I do want to let you know that i resigned from the previous employer.
Did your non-compete agreement specify a geographical area where you're restricted from providing similar services? In Massachusetts, non-competes must be reasonable in terms of time, geography, and scope.
No
Did your non-compete agreement include any specific restrictions on working with former clients or customers?
No
Did you receive a copy of the non-compete agreement when you left your previous job?

In Massachusetts, non-compete agreements:
- Must be provided to the employee when the job offer is made, or 10 days before the start of employment, whichever comes first.
- Must be in writing and signed by both parties.
It would be in my employee file at the office if that employer
Do you have access to your employee file or a copy of the non-compete agreement? It's crucial to review the exact terms. In Massachusetts, non-competes must be reasonable and cannot overly restrict an employee's ability to find work.
No
Do you remember any specific terms or conditions from the non-compete agreement you signed?
Just that i was unable to work at another company and "steal" customers
Did the non-compete agreement specify a duration for which you cannot work with the previous company's customers?
No
Did you receive any legal advice before signing the non-compete agreement?

In Massachusetts, non-compete agreements:
- Must be fair and reasonable
- Cannot last more than 1 year
- Cannot be overly broad in geographic scope.
No
What is the name and location of your previous employer? This will help us determine the jurisdiction and potentially the court that would handle a dispute.
Davco Security Systems
What is the location of Davco Security Systems?
Saugus, Ma
What is the nature of the services you are providing to the customers who are seeking you out?
Fire Protection / alarms inspection testing and maintenance
What is the nature of your current employment? Are you self-employed or working for another company?
Employed by another company
What is the name and location of the company you are currently employed with?
I don't believe this is relevant at this time
Are you providing the same services at your current job as you did at Davco Security Systems?
Yes
What is the name of the company you are currently working for?
Not relevant
What is the geographical area you are currently serving?
New England
What is the name of the company you are currently working for?