Legal Question in Employment Law in Georgia
Non Compete Agreement
My has a non compete contract signed from last year. One of the points states that ''if any parts of this contract is deemed unreasonable and in correct it shall be changed and amended''. We live in the state of Georgia where there is a ''No blue Pencil'' law. Does this void the Contract since if one item is wrong it is all wrong?
3 Answers from Attorneys
Re: Non Compete Agreement
An attorney will need to review the contract in order to answer your question. Call my Cumming Office in the event that you wish to pursue an informed legal opinion.
Re: Non Compete Agreement
The rule you reference does not mean that entire contracts are thrown out. Your best best is to see a business lawyer who has experience in, and practices in, this area, and not jsut a lawyer who solicites your case or who will do it for a fee. Assume the other party has such a capable lawyer.
Re: Non Compete Agreement
As you stated, Georgia courts will not revise or "blue pencil" non-competes. However, having a provision asking for blue penciling will not necessarily invalidate the rest of the non-compete and certainly not the entire contract. Have a local business attorney review the entire contract to provide a comprehensive answer.
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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