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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.
A: Under Georgia's Restrictive Covenants Act, employee non-compete agreements are generally enforceable.
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.
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.
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.
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.
Here are five ways to beat a non-compete agreement.Prove your employer is in breach of contract.Prove there is no legitimate interest to enforce the non-compete agreement.Prove the agreement is not for a reasonable amount of time.Prove that the confidential information you had access to isn't special.More items...