Are non-compete agreements in Georgia enforceable?
In this article, you’ll learn about:
Let’s dig in.
You don’t want to lose talent to your competition. Or have them take your business processes and start their own company.
Our Georgia non-compete agreements give you the protection you need. So you don’t have to worry about training people and creating competition for yourself down the road.
Let’s talk about some key takeaways from non-compete agreements in Georgia:
Non-compete agreements get used for protecting business interests.
These business interests include:
A non-compete doesn’t allow an employee to become a competitor for the business.
Whether that’s within a competitor company or starting their own business.
A non-compete agreement in Georgia is a legal agreement or clause in a contract.
It specifies that an employee must not enter into competition with an employer.
This is the case whether they are working for another company or starting a business.
These agreements also prohibit the employee from revealing proprietary information or secrets.
They cannot disclose this info to any other parties during or after employment.
This includes competitors they go work for or vendors inside your industry.
Many non-competes in Georgia have a certain timeline.
During this timeline, the employee gets barred from working with a competitor.
And they cannot start their own company to compete with you.
Employers may need employees to sign non-compete agreements to keep their market share.
People who may get required to sign non-competes include employees, contractors, and consultants.
Non-compete means that the employee cannot become competition to your business.
“Competition” gets defined as working for a competitor or starting a competing business.
Consultants and independent contractors can get asked to sign an agreement.
Employees signing non-compete agreements in Georgia keeps them from using information about:
Non-compete agreements in Georgia have to be fair to both parties.
Meaning that the agreement cannot favor the employer only.
This is so that your Georgia non-compete can be enforceable.
Other ways to make sure your non-compete is enforceable is by having:
Non-competes in Georgia are legally binding.
But they have to have reasonable limitations tied to them.
To make a non-compete enforceable, the reasonable limitations you have to have are:
For Georgia, a non-compete can last up to two years and still be enforceable.
Let’s talk about some basic Georgia non-compete laws.
New employees may get “compensated” by getting the job.
Existing employees can get “compensated” by keeping their jobs.
Georgia non-compete laws don’t make an agreement invalid due to an unenforceable term.
The courts can remove or change these unenforceable terms.
And leave the remaining non-compete agreement intact.
This is why Georgia’s non-compete laws get considered “employer-friendly.”
There are four distinct roles that a Georgia non-compete agreement can get used for:
Employers should work with an attorney to create their non-compete agreements in Georgia.
This is to make sure that their non-competes are enforceable.
Which allows them to avoid drawn-out court processes.
Non-compete agreements in Georgia are enforceable under Georgia’s Restrictive Covenants Act.
But there are limitations to how enforceable a non-compete agreement is in Georgia.
They must be reasonable in the:
Non-competes in Georgia can only be enforceable on:
You have the right of refusing to sign a non-compete agreement in Georgia.
And the employer cannot force you to sign a non-compete agreement.
But employers can make signing the agreement conditional for employment.
If you’re a new hire, they don’t have to give you a job if you won’t sign the agreement.
For existing employees, signing one can be a condition of your continued employment.
You can get fired for refusing to sign a Georgia non-compete agreement.
Signing a non-agreement means you give up a right that you would have otherwise had.
A non-compete is a binding contract.
Most of the time, the employer has to compensate you for signing a non-compete.
But the courts will accept the job you had as adequate compensation for signing.
You are able to refuse to sign a non-compete agreement in Georgia.
An employer cannot force an employee to sign a non-compete in Georgia.
But, they can make your continued employment contingent on you signing it.
They have the right to fire you if you refuse to sign a non-compete agreement.
If you want the best, enforceable non-compete agreements, fill out the form below.
We have the experience needed to ensure that your business interests are protected.
This means that you don’t wrongfully lose intellectual property, clients, or market share.
We also make sure that your non-compete is fair.
This means you don’t get raked over the coals financially.
Because it keeps you out of long, drawn-out court processes that cost tens of thousands of dollars.
After you fill out the form below, we will set up your free consultation.