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30 yr exp Hairdresser Non Compete in MA Legal?
Boston, MA
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Posted about 1 month ago in Employment / Labor
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30 yr exp Hairdresser Non Compete in MA Legal? Found 1 case lunt v campbell, similar, but, I had no contact info for clients and most of the business I built was word of mouth (the only real 'goodwill" in this industry where the clients follow the talent, not the salon. Non compete stated 15 mile radius, salon I found is 13.5
Answers (3)L. Maxwell Taylor
This attorney is licensed in California and 1 other state.
Posted about 1 month ago.
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The general principle is that noncompetes are enforceable where the time and geographic restrictions are reasonable. Thirty years sounds per se unreasonable to me, but fifteen miles does not.
That's just the general principle, and not legal advice, as I don't hold Massachusetts licensure. Get thee to a law library and check American Law Reports ("ALR") on the subject of non-competition agreements and their enforceability. I'm sure there's an annotation on the subject collecting the cases, including those in Massachusetts. A law librarian can help you find the ALR index and then look up "non-competition agreements" to find the article. Good luck. If you need legal advice, please consult a lawyer who holds Massachusetts licensure. William T Harrington
This attorney is licensed in Massachusetts.
Posted about 1 month ago.
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Non-competes in Mass. are enforceble to the extent reasonable. If only a 15 mile radius, the non-compete seems reasonable for a limited amount of time (a year or two). If if enforceble, the former employer may choose not to enforce it.
Phil A. Taylor
This attorney is licensed in Massachusetts.
Posted about 1 month ago.
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Non-competes are enforceable in Mass, but there are limitations. The agreement will need to be reviewed in order to render an opinion. Since the difference you are speaking about is 1.5 miles, have you considered speaking to your former employer about amending the agreement? There will need to be some "consideration" for it to be a binding agreement.
DISCLAIMER: This answer is provided in response to a "hypothetical" question and provided for general, informational purposes and does not create an attorney/client relationship. The information presented is not legal advice and may change based additional information and research. It is recommended that you speak to an attorney to discuss your specific legal issues. |