Legal Question in Employment Law in Georgia

Non competes

I worked two weeks with a glass cleaning company and had to quit, as the work and hours are unreasonable for the income. My last straw was when the owner insisted I continue when I informed him I was in physical pain, I now have tendonitis which may require cortisone shots.

I don't think any of the company is viable, & can't make a living working there.

No client lists or special information was given to me, but I was told my employment papers included a no compete which does not allow me to work for myself or any cleaning company at all for a year, or any ''prospective Client'' in any form- as they state any one who owns GLASS! Can they not allow me to make a living?

I don't want their clients, & they did not invent the squeegie! Isn't that over broad & unenforceable?


Asked on 10/14/07, 10:09 pm

1 Answer from Attorneys
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: Non competes

Whether the non-compete provision is enforceable depends on many factors. Assuming Georgia law applies, there are three factors the courts will look at: 1) time, 2) geography and 3) scope. One year has been held to be reasonable, but the other two factors are more complicated. You should have a local attorney review the contract and discuss your duties as a former employee.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

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Answered on 10/15/07, 8:15 am


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