Georgia Employee Noncompete (Noncompetition) Agreement
Description
How to fill out Employee Noncompete (Noncompetition) Agreement?
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FAQ
Typically, the only way to fight a non-compete agreement is to go to court. If you are an employee (or former employee) who signed such an agreement, this means you must violate the agreement and wait to be sued. It may be that your former employer has never sued another employee to enforce the non-compete agreement.
Yes. A non-compete agreement is enforceable even if it is signed after starting work for an employer. Continued employment is considered sufficient consideration to validate a non-compete agreement in Georgia.
Generally, two years is an acceptable duration for enforceability. Longer terms have been upheld but only under unique circumstances.
Typically, the only way to fight a non-compete agreement is to go to court. If you are an employee (or former employee) who signed such an agreement, this means you must violate the agreement and wait to be sued. It may be that your former employer has never sued another employee to enforce the non-compete agreement.
A: Under Georgia's Restrictive Covenants Act, employee non-compete agreements are generally enforceable.
For the most part, Covenants to Not Compete have to be limited in time and scope, depending on the state they are created in. In Georgia, an agreement that keeps a key employee from working for a competitor anywhere in Georgia for 1 year after their employment ends, is probably enforceable against the ex-employee.
You Can Void a Non-Compete by Proving Its Terms Go Too Far or Last Too Long. Whether a non-compete is unenforceable because it covers too large of a geographical area or it lasts too long can depend on many factors. Enforceability can depend on your industry, skills, location, etc.
Properly drafted non-compete agreements, signed after May 2011, are enforceable in the State of Georgia. In fact, the laws governing the enforceability of non-compete agreements are favorable for businesses in the state.
