Work & The Law

Non-Solicitation Agreements

What is a Non-Solicitation Agreement? A Non-Solicitation Agreement is a legally binding contract that restricts an individual, typically an employee who’s leaving a company, from soliciting the company’s clients, customers, vendors, or other employees for a certain period after their departure. Key Elements and Implications: Client and Customer Solicitation: Non-solicitation agreements often focus on preventing former employees from reaching out

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Defining “Cause” in Employment Agreements

The term “cause” is commonly used in employment contracts and plays a crucial role in the termination of an employee’s contract. Understanding this term is essential for both employers and employees, as it outlines the circumstances under which an employment agreement can be terminated without severance or other benefits. What is Cause in an Employment Agreement? In the context of

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Executive Employment Agreements in Massachusetts

Executive Employment Agreements are written contracts between an executive employee and an employer. These agreements outline the terms and conditions of the executive’s employment, including the responsibilities, compensation, benefits, and termination procedures. The purpose of these agreements is to protect both the employer and the executive employee and ensure that there is mutual understanding regarding the terms of their relationship.

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Non-Compete Not Enforced Because New Employer Does Not Qualify as a “Competitive Business.”

The Business Litigation Session in Suffolk Superior Court refuses to grant an injunction to prevent employee from new employer after finding the new employer does not qualify as a “competitive business” barred under the employee’s non-compete. Commonwealth of Massachusetts, Superior Court SUMMARY: (court decision – opens in PDF) “Plaintiff Hyannis Port Research, Inc. (‘HPR’) commenced this action against a former

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Employer Mistake In Severance Agreement Entitles Employee To Substantial Severance

Massachusetts court finds employer mistake in severance agreement entitles employee to substantial severance payments. United States District Court District of Massachusetts SUMMARY: (court decision – opens in PDF) “Dahua Technology USA Inc. (‘Dahua’), a subsidiary of Zhejiang Dahua Technology Co., Ltd. (‘Zhejiang’), brought this action against Feng Zhang to reform an agreement terminating Zhang’s executive-level position at Zhejiang (the ‘Release

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Massachusetts Court Finds Non-solicitation Agreement Enforceable

Court finds non-solicitation agreement enforceable but declines to extend its time-frame. United States District Court District of Massachusetts SUMMARY: (court decision – opens in PDF) “Thermal Engineering International (USA) Inc. (‘Thermal Engineering’ or ‘plaintiff’) brings this action against Daryl L. Lanaville (‘Lanaville’ or ‘defendant’) seeking monetary damages and injunctive relief. Plaintiff alleges that defendant breached a non-solicitation covenant when he

Read More »

Non-Solicitation Agreements

What is a Non-Solicitation Agreement? A Non-Solicitation Agreement is a legally binding contract that restricts an individual, typically an employee who’s leaving a company, from soliciting the company’s clients, customers, vendors, or other employees for a certain period after their departure. Key Elements and Implications: Client and Customer Solicitation: Non-solicitation agreements often focus on preventing former employees from reaching out

Read More »

Defining “Cause” in Employment Agreements

The term “cause” is commonly used in employment contracts and plays a crucial role in the termination of an employee’s contract. Understanding this term is essential for both employers and employees, as it outlines the circumstances under which an employment agreement can be terminated without severance or other benefits. What is Cause in an Employment Agreement? In the context of

Read More »

Executive Employment Agreements in Massachusetts

Executive Employment Agreements are written contracts between an executive employee and an employer. These agreements outline the terms and conditions of the executive’s employment, including the responsibilities, compensation, benefits, and termination procedures. The purpose of these agreements is to protect both the employer and the executive employee and ensure that there is mutual understanding regarding the terms of their relationship.

Read More »

Non-Compete Not Enforced Because New Employer Does Not Qualify as a “Competitive Business.”

The Business Litigation Session in Suffolk Superior Court refuses to grant an injunction to prevent employee from new employer after finding the new employer does not qualify as a “competitive business” barred under the employee’s non-compete. Commonwealth of Massachusetts, Superior Court SUMMARY: (court decision – opens in PDF) “Plaintiff Hyannis Port Research, Inc. (‘HPR’) commenced this action against a former

Read More »

Employer Mistake In Severance Agreement Entitles Employee To Substantial Severance

Massachusetts court finds employer mistake in severance agreement entitles employee to substantial severance payments. United States District Court District of Massachusetts SUMMARY: (court decision – opens in PDF) “Dahua Technology USA Inc. (‘Dahua’), a subsidiary of Zhejiang Dahua Technology Co., Ltd. (‘Zhejiang’), brought this action against Feng Zhang to reform an agreement terminating Zhang’s executive-level position at Zhejiang (the ‘Release

Read More »

Massachusetts Court Finds Non-solicitation Agreement Enforceable

Court finds non-solicitation agreement enforceable but declines to extend its time-frame. United States District Court District of Massachusetts SUMMARY: (court decision – opens in PDF) “Thermal Engineering International (USA) Inc. (‘Thermal Engineering’ or ‘plaintiff’) brings this action against Daryl L. Lanaville (‘Lanaville’ or ‘defendant’) seeking monetary damages and injunctive relief. Plaintiff alleges that defendant breached a non-solicitation covenant when he

Read More »

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