Georgia Noncompete Agreement: What's Included and Enforceability
Quick Facts — Noncompete Agreement Lawyers (Georgia)
- Avg cost to review a Non-Compete Agreement: $350.00
- Lawyers available: 15 Georgia employment lawyers
- Clients helped: 8 recent noncompete agreement projects in Georgia
- Avg lawyer rating: 5.0 (4 reviews)
Is a Non-Compete Agreement Enforceable in Georgia?
In Georgia, non-compete agreements are permissible and enforceable for employees only if the employee engages in certain tasks outlined in the Georgia Code governing non-compete agreements. These tasks include:
- Solicitation of employer’s customers
- Engaging in sales or contracts
- Enterprise management
- Management of two or more employees
- Hiring and firing employees
- Any managerial responsibilities
How Long Does a Georgia Non-Compete Agreement Last?
Under Georgia statutes, the maximum duration of a non-compete agreement that restricts individual employees is two years. The time begins from the date that the business relationship is terminated.
When selling a business, the max duration of a non-compete agreement is increased to five years or any time in which payments are being made to the owner as a result of the sale.
How Do You Get Around a Non-Compete Agreement in Georgia?
To get around a non-compete agreement in Georgia, the employee needs to prove that the contract is over-broad or unreasonable. This can be done by showing that the duration of the contract is too long, the geographic boundaries are too large, or that the prohibited activities do not protect a legitimate business interest.
Georgia courts are permitted to modify an unenforceable non-compete agreement to make it enforceable. The courts cannot add to the contract, only remove overbroad or unreasonable terms. When modifying the contract, Georgia laws prohibit the courts from changing a term that will make the contract more restrictive towards the employee. This is one way that an employee can ensure the contract isn’t too restrictive, even if they cannot get around the contract completely.
What Voids a Non-Compete Agreement in Georgia?
Non-compete agreements require consideration to be valid contracts. In Georgia, continued employment is not considered sufficient consideration to support a non-compete. This means that without additional incentives like a promotion or new job title, a non-compete agreement may be void.
Frequently Asked Questions
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Need help with a Noncompete Agreement?
Meet some of our Georgia Noncompete Agreement Lawyers
Gregory F.
Greg Fidlon has been practicing exclusively in employment law since 1998. He represents and advises clients in all aspects of the employment relationship. In addition to his litigation work, Greg regularly negotiates and drafts corporate policy handbooks, employment contracts, separation agreements and restrictive covenants. He also develops and presents training programs and has spoken and written extensively on labor and employment law topics.
"The proposal price was very reasonable, and the lawyer promptly scheduled a consultation, and provided sound legal advice."
Igor B.
As a corporate lawyer, I have dealt with international transactions, complex litigation and arbitration, regulatory compliance, and multijurisdictional tax planning. In March 2021, I started my firm and shifted my professional focus to working with start-ups, small businesses, entrepreneurs, and families. I help my clients structure and run their businesses and take care of their assets, including intellectual property issues and estate planning for their families. I try to bring big law quality and small firm personal attention to every client.
"will continue working with Igor. he takes time to explain all the process"
George L.
I am a corporate attorney with offices in Rock Hill, SC, and Lavonia, GA. My practice is focused on contracts, tax, and asset protection planning. I act as a fractional outside general counsel to over 20 businesses in 6 countries. When not practicing law, I can usually be found training my bird dogs.
"Appreciated his insight into contract matters for our start up!"
Sunnita B.
Experienced sports and entertainment attorney. I specialize in contracts, business formation, licensing, wage disputes, negotiations, and intellectual property.
"Sunnita was quick to respond to my questions. Great service."
April 18, 2024
Gayle G.
Fractional General Counsel and Board Advisor with over 26 years of experience advising companies and their management in the US, EMEA and APAC. I use my legal and finance background to understand the client's business and bring the most practical, efficient legal solutions to grow the business while reducing risk. Focus includes: Compliance | Governance (including AI) | Tech Transactions | Licenses | SaaS | Cross Border | Equity Investments | JVs | International Expansion | Fractional GC https://www.linkedin.com/in/ggorvettesq
December 27, 2022
Brent W.
Brent has been in practice since 2007 and been the principal attorney and owner of The Walker Firm, LLC since 2014. Brent focuses on providing an array of general counsel services to individuals and companies in a variety of industries.
January 26, 2023
Brittany T.
Brittany is an experienced attorney specializing in transactional and complex contract matters including but not limited to SaaS development and product implementation, technology/data agreements, licensing, and compliance. She has over 7 years of experience providing strategic legal advice to individuals and business clients of all sizes, from start-ups to large corporations. Brittany has a strong understanding of the legal issues related to technology and software and is well-versed in drafting and negotiating contracts ranging from software licenses to data sharing agreements. She is a highly-skilled negotiator and is adept at finding creative solutions to challenging legal issues.
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Employer
Noncompete Agreement
Florida
How to draft a noncompete agreement?
I am a business owner who is looking to hire a new employee and I want to ensure that my business does not suffer from any competition that the employee might bring in the future. I need to know how to draft a noncompete agreement so that I can protect my business from any potential risks.
Daniel D.
Some things that would be relevant to know are: what industry are you in? What specific competition are you worried about? Are you going to include non-disclosure provisions, no-solicitation provisions or non-circumvention provisions? What risks are you specifically worried about?
Employment
Noncompete Agreement
Missouri
Could someone go to jail if they are accused of fraud for never intending to not breaching his or her non compete non solicit contract?
I am really curious when employment contract can become criminal. Is it criminal to ask you coworker to come work with you, considering if you are accused of fraud for breaching non compete non solicit?
Matthew S.
No, this at worst is a civil matter and not a criminal matter. F
Employee Rights
Noncompete Agreement
Texas
Noncompete agreement and moonlighting?
I am an employee at a company that has recently asked me to sign a noncompete agreement. I am considering doing so, but I am concerned about whether or not the agreement would prevent me from taking on additional freelance work outside of my normal job. I am interested in moonlighting and need to know if a noncompete agreement would limit my ability to do so.
Curt L.
If you moonlighting work is in the same business and same market, it is almost certainly prohibited by a noncompete agreement.
Employee Rights
Noncompete Agreement
Washington
Can my employer enforce a non-compete agreement if I was laid off due to COVID-19?
Can my former employer legally enforce the non-compete agreement I signed when I was hired, considering I was recently laid off due to the economic impact of COVID-19 and the agreement seems to restrict my ability to find new employment in my field? I have been actively seeking new job opportunities in the same industry, but potential employers are hesitant to hire me due to the non-compete agreement, which restricts me from working for competitors or starting my own business in the same field for a certain period of time. I want to understand if the non-compete agreement is still valid and enforceable given the circumstances of my layoff and the current job market conditions.
Merry K.
I'm sorry, but your question is impossible to answer without reviewing your contract and knowing more about your type of job and compensation. Be aware that terms in such agreements are often found to be non-enforceable. You can start by reviewing the Washington State law on point: https://app.leg.wa.gov/rcw/default.aspx?cite=49.62&full=true
Business Contracts
Noncompete Agreement
California
Noncompete agreement time restrictions?
I am an entrepreneur who recently signed a Noncompete Agreement with a potential business partner, and I am looking to gain a better understanding of the time restrictions that are in place. I am concerned that the terms of the agreement may prevent me from pursuing other opportunities in the future and want to make sure I am aware of all the restrictions before making any decisions.
Gagandeep K.
The non-compete agreement will likely specify the non-compete period/time restriction. If that is not obviously stated, you should consider having an attorney review the non-compete agreement. Typically, a non-compete agreement in a partnership or LLC places a geographic limitation for a certain time period such that the partner/member is prevented from carrying-on a similar business in a geographic area where the partnership/LLC has done and continues to do business. You can read more about non-compete agreements in California here: https://www.contractscounsel.com/t/us/noncompete-agreement/california.
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