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As mentioned, courts in Georgia are now allowed to modify non-compete agreements instead of throwing them out completely. This is known as the blue pencil rule of severability. Courts can remove unenforceable terms from a non-compete agreement as long as altering the agreement would not make it more restrictive.

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.

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.

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.

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.

Many Non-Competes are unenforceable because they restrict competition across too broad of a territory. Non-Competes usually describe a restricted area in which the employee cannot compete.

If the court finds the non-compete too restricting, it won't hold up. Too broad or unnecessary: If the employer has created unnecessary restrictions on its employees, the court will not uphold the non-competition clauses.

Fulton Georgia Cease and Desist for Non Compete

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