Quick Facts — Noncompete Agreement Lawyers (Georgia)

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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How much does it cost to hire a lawyer to review a noncompete agreement in Georgia?

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Nevada I have two non competes that needs review, one on rollover shares and as a retired officer Review
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Casey B. on ContractsCounsel
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Casey B.

Attorney
Free Consultation
Atlanta, Georgia
8 Yrs Experience
Licensed in GA
Mercer University, Walter F. George School of Law

I have a Juris Doctorate degree from Mercer Law School, and I am an active member of the Georgia State Bar Association. I have spent the last eight years reviewing, drafting, editing, and negotiating hundreds of contracts on a monthly basis, working in-house for a Fortune 500 company. I am a results-driven, self-motivated, experienced contracts attorney with exceptional drafting, research and communication abilities.

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Ada A.

Attorney
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Kennesaw, GA
7 Yrs Experience
Licensed in GA
Atlanta John Marshall Law School

Over 19 years experience in the insurance industry. Experience in handling settlement and insurance management to obtain the best possible outcome for clients. Litigation and Discovery Management; Drafting and Filing of Pleadings, Motions and Briefs In Support.

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Jerome L.

Manging Attorney
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Atlanta, GA
6 Yrs Experience
Licensed in GA
Atlanta John Marshall Law School

My experience includes 25 years of phone and customer facing customer service; 5 years managing a non profit with a focus in transportation; 10 years commercial/ residential asset management; 15 years project management in logistics and transportation, property management and law office management/civil litigation; 10 years working in the legal field, to include legal practice, marketing, managing office operations, human capital, etc, 5 years as a business and legal consultant, assisting entrepreneurs with business formation, evaluating business plans, partnering them with viable resources for success; and assisting businesses owners with improving business operations, development and customer experience

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Elexius E.

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Marietta, GA
10 Yrs Experience
Licensed in GA
Georgia State University College of Law

My name is Elexius. I’ve been practicing since 2016. I began my career doing defense work for insurance companies. I handled worker’s compensation cases, insurance subrogation claims and a number of related employment issues including wage and hour disputes, resignation, termination and release of claims. I also handled employee contract matters and revised contracts as needed for my clients. In my current role I draft contracts and related agreements, including cease and desist, letters of understanding, and various notices. I also handle contractual interference issues.

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Jon F.

GEORGIA licensed attorney
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Walhalla, South Carolina
6 Yrs Experience
Licensed in GA
Emory University School of Law

Hello! Interested in transactional and remote work. I primarily do real estate closings in northeast Georgia (I am ONLY LICENSED IN GEORGIA) but can also do other transactional matters from time to time. You have definitely heard of my litigation work -- now I'm happy on the transactional side!

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Andreas M.

Managing Partner
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Atlanta, Georgia
4 Yrs Experience
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Atlanta John Marshall

Throughout his career, Mr. Mettler gained significant experience negotiating and documenting large-scale international transactions, managing legal and regulatory compliance, and collaborating with legal teams to ensure business activities aligned with contract terms, commercial objectives, relevant laws, and government regulations. This experience exposed him to the intersection of business and law, and he became increasingly interested in the law and its workings. As a result, after spending over 20 years in the technology industry as a successful executive, Mr. Mettler decided to transition into the legal industry to expand his skill set and pursue his passion for law. Mr. Mettler believes that his strong business acumen, attention to detail, and ability to simplify complex projects and issues into manageable components and easy-to-read terminology, is a valuable assets in the legal industry. * 20+ years sales and account executive for technology companies, focusing on international enterprise transactions, with deep experience in sales, international expansion, negotiating SaaS agreements, and account management. * Extensive experience working closely with legal teams to negotiate and draft complex large-scale international enterprise contracts, including SaaS agreements, with a keen focus on commercial, legal, and regulatory compliance across multiple jurisdictions. * Proficient in identifying legal risks and opportunities in business transactions and developing strategies to mitigate risks (and work contract language around such risk) while maximizing value for the company and its customers.

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Jalyn P.

Managing Attorney
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Columbus, Ohio
10 Yrs Experience
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Cleveland State University

The J. Parks Firm is a boutique law practice that primarily focuses on Business, Intellectual Property and Family Law Matters. We believe that each client's needs are unique and we work to tailor individualize solutions for you. Feel free to shoot us a message to see if we are a good fit for your legal needs.

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Lawyer Reviews for Georgia Noncompete Agreement Projects

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"Super responsive."

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"Delivered the scoped work product ahead of the agreed deadline. The memorandum was clear, well-organized, and the analysis was actionable. Texas covenant knowledge as advertised. One caution: the bid listed a deliverable that was later recharacterized, and all requests were answered with strict scope language. Ensure everything from the bid appears in the engagement letter before signing. Work quality: strong. Style: strictly transactional."

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Employee Rights

Noncompete Agreement

Washington

Asked on Jan 19, 2025

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.

Answered Jan 28, 2025

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

Read 1 attorney answer>

Employment

Noncompete Agreement

Missouri

Asked on Dec 12, 2023

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.

Answered Dec 16, 2023

No, this at worst is a civil matter and not a criminal matter. F

Read 1 attorney answer>

Contracts

Noncompete Agreement

Florida

Asked on May 19, 2023

Noncompete agreement choice of law?

I recently accepted a job offer with a new employer and they sent me a Noncompete Agreement to sign. I have some questions about the agreement, specifically related to the choice of law. My former employer and I are in different states, and I want to make sure I understand the implications of the agreement before signing.

Venus C.

Answered May 23, 2023

Congratulations on your new job. Generally, a choice of law clause contained in a non-compete agreement indicates which state law will govern the contract. By way of general example, let's pretend we have a non-compete agreement that states the choice of law is Florida. Let's also pretend the parties to this agreement had a dispute and one party filed a lawsuit against the other in the state of New York. In this pretend scenario, because the parties agreed Florida to be their choice of law for the non-compete agreement, the court in New York would abide by that contractual agreement and apply Florida law. While choice of law clauses are commonly used to indicate what law will apply to a contract, the language used or omitted plays a significant role in their interpretation and enforceability.

Read 1 attorney answer>

Employment

Noncompete Agreement

Connecticut

Asked on Jun 3, 2023

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.

Answered Jun 16, 2023

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.

Read 1 attorney answer>

Employee Rights

Noncompete Agreement

Florida

Asked on Jun 29, 2023

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.

Answered Jul 25, 2023

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.

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