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Massachusetts Court Explores Non-Compete and Non-Solicitation Laws

The Massachusetts Supreme Judicial Court is reviewing non-compete and non-solicitation laws.

News Summary

The Massachusetts Supreme Judicial Court is examining the application of state noncompetition law to non-solicitation agreements in a significant case involving Foundation Medicine and former HR head Susan Miele. This upcoming ruling could reshape employment agreements across Massachusetts, affecting severance packages and employee mobility. Legal experts are weighing in on the potential implications for future employment negotiations and the enforcement of such agreements in the state.

Boston Courts Weigh in on Non-Compete Laws: What Does It Mean for Employees?

Boston, MA – In a recent courtroom drama, the Massachusetts Supreme Judicial Court (SJC) is taking a closer look at whether the state’s noncompetition law really applies to non-solicitation agreements. This is all unfolding in a case that could have wide-ranging implications for the future of employment in the Bay State.

The Case at Hand

At the center of the case is Susan Miele, who was the head of human resources at Foundation Medicine, Inc. Miele is being pursued for a hefty sum—over $1.2 million in transition benefits—after she took a new job with Ginkgo Bioworks. Foundation Medicine claims that moving on to a competitor amounted to violating a non-solicitation agreement.

This situation all began when Miele sought around $300,000 in severance benefits after ending her employment at Foundation Medicine. Instead of just letting it go, the company came back with a counterclaim that argues under the Massachusetts Noncompetition Agreement Act (MNAA), they have the right to claw back those transition benefits. Sounds complicated, right?

Judicial Action

Enter Judge David A. Deakin of the Superior Court, who sided with Miele by dismissing the counterclaim. His argument? The MNAA’s definition of a “forfeiture for competition agreement” doesn’t include non-solicitation arrangements. In essence, he indicated that non-solicitation isn’t really about competitive activities as defined by the law.

Now, the SJC is set to hear arguments on this case on March 3. The big question on everyone’s mind is whether non-solicitation should even be classified as a competitive activity under the MNAA.

What’s at Stake?

non-solicitation and non-compete clauses are enforced across Massachusetts. Some experts and legal minds expressed that a ruling in favor of Foundation Medicine could severely impact severance package agreements and, more broadly, employment negotiations throughout the state.

One of the interesting dynamics here is the potential for a “weird situation” to arise. If non-compete agreements are enforceable while non-solicit agreements are not, it diverges from the reason behind the statute in the first place, which aims to protect employee mobility. This twist raises eyebrows about whether the legal system is doing its job to support workers or if it’s letting companies impose overly harsh penalties.

Legal Landscape in Massachusetts

Massachusetts has had a history of valuing employee mobility and keeping hefty penalties in check. Traditionally, the law has scrutinized employment agreements carefully to prevent disproportionate harm to individuals trying to get ahead in their careers. With this case potentially reshaping the landscape, many are left wondering what the future holds.

As the SJC prepares for its hearing, both sides of legal minds are gearing up for battle, each with their interpretations of the MNAA and what it means for the hardworking people of Massachusetts. Stay tuned, as the outcome may not only dictate the fate of Susan Miele but could also alter how employment agreements are viewed and enforced in the state for years to come.