This relates to a non compete clause. Does a furlough constitute termination without cause?

Question Details: If an employee has an non compete that is void if employment is terminated without cause, does a week or 2 week furlough constitute termination with out cause?

Asked on 7/16/2009 under: Massachusetts Employment and Labor More Legal Topics ▼All States ▼

William T. Harrington / Harrington & Harrington Answered 3 years ago This attorney is licensed in Massachusetts View Attorney Profile

I don't see how a 2 week furlough constitutes termination without cause.  However, if the furlough is extended, it could be regarded as a termination.  I agree with the above and that you should have a lawyer reveiw the agreement carefully before you do anything.

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney Answered 3 years ago| Contributor

I doubt it, because a two week furlough isn't a termination.  But, it would depend on exactly how the non-compete is worded, and I'd recommend that you have it reviewed by a lawyer in your area, before you do anything to test it.

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