In Bradley v. Bradford & Bigelow, Inc. a Massachusetts court analyzed whether the material change doctrine applies to promotions relative to non-compete agreements.
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General answers to questions as to whether noncompete or nonsolicit agreements are enforceable if an employee is laid off due to the impact of COVID-19.
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Non-solicitation agreements generally bar “direct and indirect” solicitation of former customers. What is and is not ‘direct’ solicitation is generally straightforward. What is and is not ‘indirect,’ not so much.
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A recent Massachusetts court case demonstrates how non-solicit agreements work and how courts analyze them in determining whether a former employee engaged in conduct that amounted to solicitation in violation of a non-solicit agreement.
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