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
See Noncompete Agreement by State
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
See Real Non-Compete Agreement Projects
California Employment non compete question session Drafting
- California
- 6 lawyer bids
- $249 - $500
California Review non-compete clauses for Blockchain Startup Offer Letter Review
- California
- 6 lawyer bids
- $150 - $400
Florida Review Employment Contract Non-Compete Clause for Chiropractor Review
- Florida
- 4 lawyer bids
- $150 - $399
Illinois confidentiality and non-compete agreement review Review
- Illinois
- 6 lawyer bids
- $599 - $850
See all Non-Compete Agreement projects in Georgia
ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.
Need help with a Noncompete Agreement?
Meet some of our Georgia Noncompete Agreement Lawyers
Bobby H.
Bobby E. Hill, Jr. is a native of Tuscaloosa, Alabama and holds undergraduate degrees in music and business administration from Xavier University of Louisiana. He received his Juris Doctor from the University of Miami School of Law where he was a staff and articles editor for the school’s Race & Social Justice Law Review and a student attorney in the institution’s Immigration Clinic. In addition to freelancing, Bobby is currently a litigation associate at Johnson & Freeman, LLC, a boutique litigation firm in Atlanta, Georgia, where he practices in the firm's Condemnation, Probate, Real Estate Litigation, Real Estate Transactions, E-Discovery and Business and General Civil Litigation Practice areas. In this role, Bobby has acquired appreciable experience in drafting memoranda of law for partners and senior counsel, and all litigation related pleadings including pleadings related to dispositive motions, discovery, appeals, and other post-judgment relief.
"Helpful. Professional. Gave us peace of mind on a business partnership agreement."
Emmanuel K.
I am a corporate Attorney licensed in the state of Georgia and Ghana. My professional career started in 2016 as a litigator in a private law firm in Ghana. Subsequently in 2018, I moved in house to work for the University of Ghana and this is where my corporate transactional work experience began. Since coming to the US in 2019, I have gained significant transactional experience through internships at Verizon and Tricentis (a software testing company) during law school at UGA. Since graduating from UGA law school, I have worked as a corporate transactional attorney of an AmLaw 200 firm. In that role, I helped foreign companies entering the US market to establish a presence and comply with applicable corporate laws while doing business. I also assisted customers and service providers in the software and technology industry by reviewing SaaS and similar contracts. Also, I helped energy utilities in the renewable energy space navigate regulatory and policy issues and establish contractual business relationships through contract reviews.
"Emmanuel was excellent. Very responsive and flexible with my requests. He completed the work in a very timely manner. Would use him again in the future."
Benjamin M.
Ben is the founder of the Middleton Law Firm (2022). He has experience in the European Union and the United States. He interned with the University Rijeka, Croatia assisting businesses with trademark, Uniform Domain-Name Registry Dispute Registry, European General Data Protection Regulation (GDPR) privacy law compliance, and International Comparative Copyright issues as the country itself prepared itself for European Union statehood. He worked with Michigan State University's Anti-Counterfeit and Product Protection (A-CAPP) Center to protect and enforce its intellectual property in foreign territories and moderated panel discussions with brand owners and U.S. Customs to curb counterfeit products. Ben assisted indigent artists with legal issues and in some cases brought their works to life with Georgia Lawyers for the Arts. Ben is admitted to the federal courts of Georgia. Before practicing law, Ben worked for Core Security and Meridian Link as a software QA engineer in the information technology (IT) space. Ben produced countless commercial music recordings, engineered hundreds of songs, and served as executive producer seven studio albums as a founding member of member of Million Dollar Minds Entertainment (Est. 2006). He is an alumnus of The South Carolina State University (Bulldogs) and Michigan State University (Spartans).
"Benjamin did an excellent Job assisting me in this matter and I would highly recommend him to anyone needing the same service I received for the Cease & Desist"
June 28, 2023
Heather B.
I currently focus on estate planning, uncontested divorces, mobile real estate closings, and contract review for small businesses after starting my firm after leaving my position a partner at a national law firm specializing in creditor rights and real property.
July 26, 2023
Nicole W.
At Whalen Legal Group, PC, we strive to ensure that our clients are provided with the highest quality legal representation. Our team is committed to providing you with personalized and effective legal advice. We specialize in Business Law, Estate Planning and Trust, and Real Estate Law and have years of experience in these fields.Our goal is to provide our clients with the best possible service and to ensure that their legal matters are handled with compassion, integrity, and transparency. We understand that every situation is different and we take the time to listen and understand each and every one of our clients’ needs.
Esra A.
My firm focuses on family immigration (spouse, parents, children and siblings of US citizens and permanent residents), change of status, and citizenship applications.
September 5, 2023
Luisa A.
Luisa Alejos is the founder and owner of L.P.A. Law. She established her own firm to focus on providing clients with an exceptional level of personal service and support, trustworthy legal advice, and compassionate advocacy, consistent with her dedication to making service a cornerstone of her law practice and life. As a solo practitioner, her focus is personal injury, workers' compensation, and misdemeanor criminal defense but she also helps clients with contract drafting- particularly construction contracts and prenuptial agreements.
Find the best lawyer for your project
Browse Lawyers NowLawyer Reviews for Georgia Noncompete Agreement Projects
Review Non-Solicitation Clause and Draft Preventative Letter in NYC
"Zack was a pleasure to work with. He was thorough, responsive, and provided clear, practical guidance for my situation."
Florida LCSW – 1099 Contract, Urgent Non-Compete & Client Solicitation Review
"This was my first time working with a lawyer and it was an extremely positive experience. This matter was extremely urgent and I was able to recieve feedback nearly instantly. I would highly reccomend!"
Non-Compete Agreement and Employment Offer Review, Pre-signing
"Paul was stellar in every way. Highest recommendation possible; I will be continuing to partner with him. Thank you, Paul."
Employment
Noncompete Agreement
Connecticut
Noncompete agreement and promotions?
I recently accepted a promotion within my company and was asked to sign a noncompete agreement. I am concerned that if I accept the promotion and then leave the company, that I will not be able to take a similar position with another company. I am also worried that if I don't accept the promotion, I may be at risk of being terminated. I need to know what my rights are and what the implications are of signing the noncompete agreement.
Thomas L.
It depends on the terms of the non-compete and the size of your employer. Without seeing the agreement and knowing the size of your employer, I can't offer more advice.
Employment
Noncompete Agreement
Colorado
Can I get out of my noncompete agreement?
I am looking at my options.
Donya G.
You may be able to be released from a non compete. You would have to review the language in the non compete to see the expiration. DISCLAIMER The answers to these questions do not constitute legal advice and does not create an attorney-client relationship with the attorney and anyone who reviews these responses.
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.
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?
Employee Rights
Noncompete Agreement
Florida
Noncompete agreement geographic scope?
I recently left my job of five years and have been offered a new position with a competitor. The new employer has asked me to sign a noncompete agreement. I am concerned about the geographic scope of the agreement and need to understand what areas it would cover, and if it would prevent me from taking a position with a competitor in another state or country.
Daniel D.
The Courts use a reasonableness standard determine if a non-compete is reasonable in time and geographic scope. It would be necessary to see the non-compete to tell you what it says, the areas it would cover and if it would prevent you from taking another position.
Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.
View Trustpilot ReviewNeed help with a Noncompete Agreement?
Employment lawyers by top cities
- Austin Employment Lawyers
- Boston Employment Lawyers
- Chicago Employment Lawyers
- Dallas Employment Lawyers
- Denver Employment Lawyers
- Houston Employment Lawyers
- Los Angeles Employment Lawyers
- New York Employment Lawyers
- Phoenix Employment Lawyers
- San Diego Employment Lawyers
- Tampa Employment Lawyers
Georgia Noncompete Agreement lawyers by city
- Athens Noncompete Agreement Lawyers
- Atlanta Noncompete Agreement Lawyers
- Augusta Noncompete Agreement Lawyers
- Columbus Noncompete Agreement Lawyers
- Macon Noncompete Agreement Lawyers
- Sandy Springs Noncompete Agreement Lawyers
- Savannah Noncompete Agreement Lawyers
ContractsCounsel User
Non-Compete Clause in Employment (1099) contract
Location: Massachusetts
Turnaround: Less than a week
Service: Contract Review
Doc Type: Non-Compete Agreement
Page Count: 8
Number of Bids: 5
Bid Range: $250 - $795
User Feedback:
ContractsCounsel User