Georgia Employee Agreement with Covenant not to Compete
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How to fill out Employee Agreement With Covenant Not To Compete?
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FAQ
In Georgia, the only employees (and contractors) who can legally be held to a non-compete are sales staff, management level staff, employees who regularly reach out to customers for business, and any critically important staff member.
In California, it's illegal to enforce non-compete agreements that put limits on an employee's future job prospects. ing to California Business and Professions Code Section 16600, any contract that restricts an individual from ?engaging in a lawful profession, trade, or business? is null and void.
California law bars covenants not to compete in nearly all circumstances.
The agreement is not enforceable because the time period it covers is too long. The period considered reasonable varies by state but typically ranges from 6 months to two years. Longer agreements will likely be found invalid. The territory covered by the agreement is too large.
Non-compete Agreements - Frequently Asked Questions. Q: Are non-compete agreements enforceable in Georgia? A: Under Georgia's Restrictive Covenants Act, employee non-compete agreements are generally enforceable.
On June 13 2023, in North American Senior Benefits v. Wimmer, the Georgia Court of Appeals held that an employee non-solicit must include an express geographic restriction?a requirement that previously did not exist under Georgia's common law regime.
Covenants not to compete are frequently enforced to prevent a former employee from soliciting his or her former customers to buy competing products or services from the new employer.
Specificity: A non-compete agreement must be specific about the activities it prohibits. Additionally, the covenant must clearly articulate what activities are considered competing and those activities must be substantially similar or related to the work the employee performed for the employer.