Legal Question in Business Law in Georgia

Re: no compete

In Georgia a noncompete covenant is enforceable only if (1) the geographic scope of the restriction is clearly defined and must be generally limited to areas where the employee worked, (2) is limited in time (more than 2 years is suspect), and (3) is limited to the types of activities the employee was performing. There is no "bright line" statutory law on this; rather, it is a creature of case law and very much depends on the facts and circumstances. Georgia will not "blue pencil" the agreement, meaning if it is too broad in scope, the court will not rewrite or "blue pencil" it to a smaller, permitted restriction. If it's overbroad, the covenant fails.

I have found that most employers in Georgia for one reason or another have overbroad covenants not to compete. I would be glad to review your covenant free of charge and give you an opinion. If you would like to arm yourself with a written legal opinion to ward off your employer in the event of trouble, I can provide you with one for a small fee (assuming it's unenforceable). If the employer comes after you and you need legal defense, I can help you.

If you would like to know where to fax or send the agreement if you're interested, e-mail me at [email protected].