2-year non-compete in MA — am I really stuck for 24 months?

signed an NCA in massachusetts at my current job (fintech, 4 years tenure). 2-year non-compete with "any directly competing business." got an offer from a different fintech, similar product but different segment (consumer vs. SMB). MA cap is 1 year by statute now i think but my contract says 2.

does the MA NCA Act override my contract? do they have to keep paying me garden leave? can i just take the new job?

MA NCA Act caps non-competes at 12 months. anything longer in your contract is unenforceable as written. employer must also provide garden leave (50% of base salary during the restriction) OR "other mutually-agreed consideration" — most don't bother and the NCA is unenforceable on that ground alone.

direct competition definition matters too. consumer fintech vs SMB fintech is often "non-competing" enough for the NCA to fail, especially without specific customer overlap.

also FYI — the FTC's 2024 non-compete ban got struck down by the Texas court in 2024 but state-level reform continues. MA is one of the strongest pro-employee states post-NCA Act.

I'm Sergei Tokmakov, California attorney (Bar #279869). I'm not MA-barred but the Massachusetts Non-Competition Agreement Act (G.L. c. 149, § 24L) has clear requirements: (1) max 12 months duration, (2) must be in writing and signed at offer or 10 days before start, (3) must include garden leave OR mutually-agreed consideration, (4) must be reasonable in geographic scope and product line, (5) cannot apply to terminated-without-cause employees who are non-exempt.

Employers regularly include 2-year non-competes that are facially invalid under the Act. The right move is usually to consult with a MA employment lawyer to draft a clean letter to your current employer notifying them of departure and the basis for your view that the NCA is unenforceable. Many employers won't fight when challenged, especially if the new role is arguably non-competitive. Informational only.