What happens if a former employee does not actively look for employees of the company but contacts the former employee? What if a former grocery store employee met a former customer and handed out a business card? With this minefield of problems, it is difficult to prove that the invitation took place. After all, people have the right to work and change jobs, and they could do so if no one asks them. In many jurisdictions, courts can also change contractual terms to make them legal. In others, they completely resilient the agreement. The non-compete clause states that you cannot work for a competitor or start a competing business for a certain period of time. The confidentiality agreement says you can`t talk about something confidential that you encounter during your work. The difference between non-publicity and secrecy lies in the fact that secrecy is to disclose confidential information, while non-publicity is not to use confidential information. However, the two are equal insofar as they are temporary. The prohibition of debauchery is one of three types of restrictive agreements, the other two being non-competition and confidentiality agreements. All three try to restrict or force someone not to do something, neither during the period of employment nor after.
To be applicable, they must have appropriate limits in terms of time, scope and type of work. Benjamin Steffans has represented employees in many sectors to challenge the applicability of their non-compete and advertising agreements with former employers, including a recruitment agent, many salespeople, IT professionals and a director of marketing and brand relations. If you are a Massachusetts employee who has questions about the applicability of a debauchable ban agreement, contact us today. But the question of whether a particular act or communication is an invitation is not always clear.