None
EN
Forfeiture Clauses Triggered by Non-Solicitation Breaches Do Not Fall Under Massachusetts Noncompetition Agreement Act
[]
Recent Contributors to The National Law Review
171 (2025), the plaintiff, Susan Miele, was employed at Foundation Medicine, Inc. (“Foundation Medicine”).
The Transition Agreement had a forfeiture provision if Miele breached any of her contractual obligations.
Foundation Medicine consequently stopped further payments of the transition benefits and demanded she repay the amounts they had already disbursed.
Miele sought a judgment on the pleadings by arguing that the Act’s prohibition on forfeiture for noncompetition activities included forfeiture for non-solicitation activities as well.
This decision clarifies for employers that they can include forfeiture clauses to enforce nonsolicitation agreements without following the onerous statutory requirements for non-competition clauses.
['solicitation'
'miele'
'medicine'
'ma'
'foundation'
'nonsolicitation'
'noncompete'
'transition'
'act'
'noncompetition'
'forfeiture'
'agreements'
'law'
'agreement']