t i g n i k a e r B DOWN Generally, courts consider the following factors when evaluating the enforceability of non-compete agreements: n Is the duration of the restriction reasonable in time? n Is the geographical scope of the restriction reasonable in location? n Can the employer identify specific confidential information that warrants protection? n Would enforcement of the agreement create an undue hardship for the employee? n What were the circumstances surrounding the execution of the agreement? n Was there a material change in the employment relationship that warranted the execution of a new agreement (and, if so, was there fresh consideration provided by the employer in exchange for the new agreement)? n Is some form of severance provided during the period covered by the agreement? n Is the agreement enforceable even if the employer terminates employment? n Is the public interest detrimentally affected by the enforcement of the agreement? Mercantile Property Management Corp. ACCREDITED ASSOCIATION MANAGEMENT COMPANY, AAMC ® AWARDED Serving Southeastern Massachusetts, Cape Cod and the 2016 CAI-NE MANAGEMENT COMPANY OF THE YEAR and nationally certified Portfolio Managers will provide Islands for over 30 years. Our team of highly qualified your community with quality service and effective communication. Our goal is to assist you with long-term planning and financial stability to maximize the value of your community. 800-696-9449 | MercantileProperty.com 18 Waterhouse Road, Bourne, MA | 33 Union Street, Weymouth, MA November 2017 25