Legal Question in Personal Injury in Georgia

Enforceability of Non-Compete Clauses

An Employer had me sign an agreement with a non-compete clause and a clause that prevents me from hiring any of the firms employees within two years of my resignation (including a clause which prevents solicitation of the employees during their employment). The non-compete clause prevents me from doing business with any of the companies contacts (suppliers, clients, customers, employees etc.). I will be establishing a company (not a law firm) soon. Will the employer be able to win a civil suit if I do hire people under his employment and if I do business with some of his customers within 2 years of my resignation?

Asked on 1/26/02, 12:08 pm

2 Answers from Attorneys

Ronald Arthur Lowry Ronald Arthur Lowry

Re: Enforceability of Non-Compete Clauses

Non-compete clauses (also called "covenants not to compete")are hard to enforce.If the clause is too broad in some way the court will throw it out.It depends on the language of the document and pretty much is decided on a case by case basis.I would need to see the document to give a more specific answer. Ron Lowry

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Answered on 1/28/02, 11:24 am
Glenn Loewenthal Glenn Loewenthal, P.C.

Re: Enforceability of Non-Compete Clauses

Non-compete clauses are enforceable if they contain reasonable restrictions in several areas. Even if some areas are non-enforceable, other areas can still be enforceable. While this is not my area of expertise, my partner, David Fried, heads up our labor and employement section. Feel free to write him at [email protected] with a copy of your question and he can answer your question better.

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Answered on 1/26/02, 12:19 pm

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