Non-Compete in CA and MA

There is no simple answer.  There was a recent case where a Mass. court refused to enforce a non-compete agreement of a California company.  Massachusetts has a public policy against preventing people from earning a living.  However, non-compete agreements are generally enforceble if reasonable and reasonably limited in duration and scope.  There is always the issue of whether the Cali company would bring suit to enforce it.  If the new company wants you so much, they may be willing to pay your legal bills or buy the Cali company out.  Non-competes are complicated and very fact dependent.  I have experience in them.  Feel free to call if you wish to discuss further.

Bill Harrington, 617-426-7400, www.harringtonharrington.com

If the non-compete bars you from working for a competitor and the company you go to work for  does truly compete for  your prior company (in the same markets, for the same accouts or customers, etc.), then yes. In this connected, internet, cell-phone, etc. age, businesses often compete cross country or even internationally; what matters is not physical location, but whether there is bona fide competition.