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For each of these scenarios, there are court
decisions enforcing non-competes and declining to
enforce non-competes, but it pays to be aware of these
possible reasons for non-enforcement. With respect to
the compensation scenario, it is important to remember
that many of those situations trigger the provisions if the
Wage Act, including the provisions about triple damages
and attorneys’ fees.
Because of all of this uncertainty, it is worthwhile
to consult with an employment attorney before signing a
non-compete, either as the employee or the employer. It
should not take an attorney with experience in this area
more than a few hours to gather the facts about your
business and employees and draft an appropriate non-
compete or advise you about the scope and likely
enforceability of the agreement you are asked to sign. In
65| Rules of the Road
