Non-compete agreements in Georgia are permitted only to the extent that they are reasonably necessary to protect the legitimate business interests of the employer. This means that non-compete agreements must be narrowly tailored and cannot be overly broad. The Georgia courts have identified three legitimate business interests that can be protected by non-compete agreements: trade secrets or confidential information, customer goodwill, and special training.
Georgia courts have also established certain requirements for non-compete agreements to be enforceable. The agreement must be in writing, signed by both parties, and must specify a reasonable time period and geographic scope. It is important to note that courts will only enforce non-compete agreements that are reasonable in these regards.
There are some limitations and exceptions to the enforceability of non-compete agreements in Georgia. For example, the agreement must be supported by consideration, such as payment or some other benefit to the employee. Additionally, the agreement cannot be overly burdensome on the employee's ability to find employment after leaving the employer.
If an employer attempts to enforce a non-compete agreement that is overly broad or unreasonable, the employee may be able to challenge the agreement in court. The employee may also be able to seek damages if they lost employment opportunities as a result of the non-compete agreement.
If you are an employee who has been presented with a non-compete agreement, it is important to read the agreement carefully and consider seeking legal advice before signing. If you are an employer looking to create a non-compete agreement, it is recommended that you consult with a lawyer to ensure that the agreement is reasonable and enforceable under Georgia law.
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