Quick Facts — Employment Contract Lawyers (Georgia)

What is a Georgia Employment Contract?

In Georgia, an employment contract is a legally binding agreement executed between an employer and someone who will be working for the employer. These contracts are generally used when hiring full-time employees but can also be used to establish a working relationship with short-term employees, independent contractors, and freelancers.

The purpose of an employment contract is to lay out the roles and responsibilities of each party within the business relationship. Some terms that can be covered in an employment agreement include:

  • Job title and description of duties
  • Compensation
  • Benefits
  • Time off and vacation
  • Company policy and disciplinary procedure
  • Causes for termination

The cause for termination clause is one of the most important parts of the contract. Georgia is an “at-will” employment state. Without this contract, employers in Georgia have the right to terminate any employee at any time for any reason.

Are Employment Contracts Enforceable in Georgia?

In Georgia, employers do not have to enter employment contracts with employees, but if they do, the contract is enforceable. Employers have a lot of freedom regarding the terms and conditions within the contact as long as they do not violate law or public policy.

In the past, Georgia did not enforce restrictive employment contracts like non-competition agreements, but in recent years the laws have changed. Now the state has determined that there is value in having reasonable restrictive covenants as long as they are used to protect a legitimate business interest.

What Are the Legal Requirements for Georgia Employment Contracts?

Under Georgia law, employment contracts do not necessarily have to be in writing. Oral and implied contracts can be enforced. However, any contract for a definite period that exceeds one year may be subject to the Statute of Frauds. In this case, a written agreement would be needed to be enforced.

More information about the legal requirements for Georgia employment contracts can be found in Title 34 of the Code of Georgia which covers labor and industrial relations.

What are the Benefits of a Georgia Employment Contract?

Georgia employment contracts provide benefits to both the employer and the employee entering the agreement.

Employee benefits include:

  • Increased protection through termination provisions
  • Clear outline of compensation schedule, job duties, benefits and other promises made by your employer
  • Proof of promises should a dispute arise

Employer benefits include:

  • Protection of trade secrets or company information through a non-disclosure agreement
  • Protection of business interests using a non-compete agreement
  • Proof of employee’s agreed upon responsibilities and rights if a dispute arises

A well-written employment contract provides a solid framework for the business relationship between an employer and employee. This agreement ensures that both parties are aware of their rights and obligations and can protect their interests.

Types of Georgia Employment Contracts

Employment contract types will vary based on the needs of the company, the type of employee being hired and the type of work that needs to be completed. Most contracts include the basics of job description, hours, compensation, and job duties. Some contracts will also include the following restrictive types of contracts that are legally enforceable in Georgia:

  • Confidentiality agreement. Sometimes called a non-disclosure agreement, this restrictive covenant prevents the employee from releasing valuable information about the business
  • Non-compete agreement. Protects the employer by limiting the employee from working for competitors or creating a competing business within a certain amount of years or within a certain geographic boundary
  • Non-solicitation agreement. Restricts employees from soliciting customers or clients from their employer after they leave the company
  • Commission or bonus agreement. Some employment includes commission or bonuses as compensation. This contract will lay out terms and conditions surrounding compensation and benefits.

Frequently Asked Questions

How do I hire a lawyer to draft an employment contract in Georgia?
How much does it cost to hire a lawyer to review an employment contract in Georgia?

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Kendall C. on ContractsCounsel
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Kendall C.

Chief Counsel
Free Consultation
Suwanee, Georgia
25 Yrs Experience
Licensed in GA TX
Tulane University

Kendall is a data privacy attorney by trade, and is an active member of the Bar in Texas and Georgia. In litigation, he handled thousands of cases to final disposition in litigation throughout the United States, Latin America, & Europe. As corporate counsel, he guides companies through the marketing and advertising industry and, by extension, many other industries. Further, Kendall is an adherent to the Ben Hogan school of swing thought and, by natural extension, is a proponent of accurate wedge play through residential neighborhoods. He occasionally aspires to a career in turf management.

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AJ M. on ContractsCounsel
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AJ M.

Managing Partner
Free Consultation
Atlanta, Georgia
29 Yrs Experience
Licensed in GA
U. Southern California

⛵AJ has practiced in entertainment, technology, intellectual property, data privacy and protection, a broad array of domestic and international transactions, finance, and as outside General Counsel for startup and growth companies.

Karen S. on ContractsCounsel
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Karen S.

Attorney
Free Consultation
Atlanta, GA
15 Yrs Experience
Licensed in GA
Georgia State University

I'm an attorney available to help individuals and small businesses in Georgia with initial business set-up, required filings, tax strategies, etc. I'm also available to draft, review, and negotiate contracts of many types, both personal and professional. I can draft and file real estate quit claims as well. My legal and business experience and expertise includes small business startups, information technology, technology innovation, real estate transactions, taxes, intellectual property, electrical engineering, the business of video game development, business requirements definition, technology consulting, technology companies, liability waivers and reduction strategies, and the electric utility industry. I work part-time for a local law firm and part-time in my solo practice. I'm also an adjunct professor teaching business law. In addition, I'm part owner, legal counsel to, and a board member of a virtual reality video game development company. I am a member of the Georgia Bar Association. Please reach out if you need attorney, documentation or consulting help in any of those areas!

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Bukhari N. on ContractsCounsel
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March 30, 2023

Bukhari N.

Attorney
Free Consultation
Atlanta, Georgia
17 Yrs Experience
Licensed in GA
Howard University School of Law

Bukhari Nuriddin is the Owner of The Nuriddin Law Company, P.C., in Atlanta, Georgia and an “Of Counsel” attorney with The Baig Firm specializing in Transactional Law and Wills, Trusts and Estates. He is an attorney at law and general counsel with extensive experience providing creative, elegant and practical solutions to the legal and policy challenges faced by entrepreneurs, family offices, and municipalities. During his legal careers he has worked with entrepreneurs from a wide array of industries to help them establish and grow their businesses and effectuate their transactional goals. He has helped establish family offices with millions of dollars in assets under management structure their estate plans and philanthropic endeavors. He recently completed a large disparity study for the City of Birmingham, Alabama that was designed to determine whether minority and women-owned businesses have an equal opportunity to participate in city contracting opportunities. He is a trusted advisor with significant knowledge and technical experience for structuring and finalizing a wide variety of complex commercial transactions, estate planning matters and public policy initiatives. Raised in Providence, Rhode Island, Bukhari graduated from Classical High School and attended Morehouse College and Howard University School of Law. Bukhari has two children with his wife, Tiffany, and they live in the Vinings area of Smyrna.

Karen M. on ContractsCounsel
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Karen M.

Managing Member
Free Consultation
Atlanta, Georgia
27 Yrs Experience
Licensed in GA
University of North Carolina at Chapel Hill

Karen V. Mills is the founding member of the woman-owned boutique law firm Mills Law, LLC, based in Atlanta, Georgia, specializing in contracts, corporate transactional and business law.

Julius T. on ContractsCounsel
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August 20, 2023

Julius T.

General Counsel
Free Consultation
Atlanta, Georgia
23 Yrs Experience
Licensed in GA
University of Georgia School of Law

With 20 years of law practice experience, Julius is an accomplished and experienced attorney. Julius provides counsel to individuals, businesses, churches and other nonprofits, ministry leaders, and entertainment and creative artists on matters involving drafting, reviewing, and negotiating contracts; corporate formation and governance; real estate transactions; information technology; employment and human resources concerns, and last wills and testaments. A graduate of Emory University and the University of Georgia School of Law, Julius has notably served as counsel to the Georgia General Assembly (Georgia House of Representatives and Georgia State Senate) and the City of Atlanta / Hartsfield-Jackson Atlanta International Airport. Julius is also a licensed Realtor® and a native Atlantan.

Nancy B. on ContractsCounsel
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Nancy B.

Attorney
Free Consultation
Dalton, Georgia
36 Yrs Experience
Licensed in GA
Albany Law School, Albany, NY

I was born in Charlotte, NC and primarily raised in Dalton, GA. I graduated from Dalton High School in 1981 where I was in the band and the French club. I also participated in Junior Achievement and was a member of Tri-Hi-Y. New York granted my first license as an attorney in 1990. I then worked as a partner in the firm of Broda and Burnett for almost 10 years and as a solo practitioner for about 2 years. I worked as a general practitioner (primarily doing divorces, child abuse cases, custody matters and other family law matters, bankruptcy, real estate closings, contracts, taxes, etc.) and as a Law Guardian (attorney who represents children). I obtained my license in Tennessee in December 2002 and began working as an associate at Blackburn & McCune from February of 2003 until May of 2005. At Blackburn & McCune I provided telephone legal counsel to Prepaid Legal Services (now known as Legal Shield) members, wrote letters for members, reviewed contracts, attended hearings on traffic ticket matters and represented members with regard to IRS matters. In May of 2005, I went to work for North American Satellite Corporation where I served as Corporate Counsel. I handled a number of taxation issues, reviewed and wrote contracts, counseled the CEO and Board of Directors on avoiding legal problems and resolving disputes, and represented employees on a variety of matters, and also assisted the company for a period of time as its Director of Accounting. In 2010, I volunteered as a law clerk for Judge Robert Adams in Dalton, Georgia until I obtained my license to practice law in Georgia in November, 2010. In Georgia, I have handled a variety of family law matters, drafted wills, advanced health care directives, power of attorney documents, reviewed and drafted contracts, and conducted real estate closings. Currently, I accept cases in the areas of adoption, child support, custody, divorce, legitimation and other family law matters. In addition, I handle name change petitions and draft wills.

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Employment

Employment Contract

Massachusetts

Asked on Apr 12, 2023

What's paid time off in an employment contract?

I am a recent college graduate and I am in the process of negotiating an employment contract with a large company. I am trying to make sure I understand the terms of the contract, including the paid time off that is offered. I am hoping to get a better understanding of what's included in the paid time off section of the contract so I can make an informed decision about the offer.

Joseph M.

Answered May 12, 2023

Paid Time Off (PTO) is essentially days (or even hours) that the employee is not required to work but the employer still pays the employee for those hours. It can be awarded in a lump sum in advance, or earned and accumulated over time, dependent on the terms of the employment agreement. PTO may be granted in addition to or in lieu of vacation days, sick days, etc, again depending on the unique employment agreement.

Read 1 attorney answer>

Business

Employment Contract

California

Asked on Oct 4, 2022

What is fixed term employment contract?

I have been given a contract that says 'Fixed Term Employment Contract'. How is this different than a normal employment contract? Is there anything I need to consider before signing this?

Michael M.

Answered Oct 7, 2022

This is an agreement that has a fixed amount of years which is agreed to by the employer and the employee. These types of agreements usually have a term of say 1, 2, or 3 years and often are renewable for another fixed term

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Contracts

Employment Contract

Ohio

Asked on Apr 13, 2023

What's personal leave in an employment contract?

I have recently been offered a job, and the employment contract I have been provided with states that I am entitled to personal leave. I am not sure what this is, or what it entitles me to. I would like to know what rights and responsibilities I have regarding personal leave, and what the employer's expectations are of me with regards to this leave.

Jeffrey K.

Answered Apr 14, 2023

Personal leave sometimes replaces vacation and sick time. Some employers just give employees time off for whatever reason the employee chooses. To know more about the rights and responsibilities, you should speak to HR at your new employer who will help you with the employer's expectations and your rights under the leave provision in your contract. Also, look at your contract as it may provide insight as to how to implement the leave. When in doubt, speak to HR. Thanks.

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Employee Rights

Employment Contract

New York

Asked on Nov 26, 2024

Can an employer change the terms of employee benefits without providing notice or obtaining consent?

I work for a small company that has recently made some changes to our employee benefits package without any prior notice or consultation with the employees. The changes include reducing the amount of paid time off, increasing the employee contribution for health insurance, and eliminating certain retirement benefits. I am concerned about the legality of these changes and whether the employer has the right to alter the terms of our benefits without providing any notice or obtaining our consent.

Damien B.

Answered Dec 2, 2024

If you have an employment contract, the employer must adhere to the terms of that agreement. Similarly, if the company has an employee handbook, changes to benefits must align with the policies outlined therein. Courts may consider an employee handbook as a binding contract if it creates an expectation of certain benefits. If your benefits are guaranteed in a written contract or employee handbook and the employer did not follow proper procedures to make changes, you may have a claim for breach of contract. Employers are generally encouraged to provide clear communication and advance notice of benefit changes to maintain trust and compliance with legal and policy obligations. If you have any further questions, feel free to reach out.

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Employment

Employment Contract

North Carolina

Asked on Apr 18, 2023

What's position hierarchy in an employment contract?

I am a potential employee considering a job offer from a company. I have received a copy of the employment contract, but I am confused about the position hierarchy outlined in it. Specifically, I am unsure of the differences between the various job titles and the roles and responsibilities associated with each one. I would like to know more about the position hierarchy in the contract to better understand the job I am considering.

N'kia N.

Answered Jun 2, 2023

Position hierarchy may vary, as it is typically based on such factors as industry standards, company size, and internal policies. Before accepting an employment offer, a prospective employee should have a clear understanding of where the proposed position stands in the prospective employer's position hierarchy, as well as how the hierarchy affects the duties and responsibilities for that position. If the position hierarchy in a proposed employment contract or an employment offer letter is confusing, the prospective employee should seek clarification from the proposed employer.

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