Legal Question in Business Law in Georgia

Non compete law

I would like to know if the non compete agreement I signed with a company is binding in the state of Georgia


Asked on 1/13/06, 2:55 pm

5 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Non compete law

Noncompetes are generally binding in Georgia if they are drafted correctly. A lawyer would have to review your specific agreement to determine if it was properly drafted and binding.

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Answered on 1/13/06, 2:57 pm
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Non compete law

Non-competes are generally valid in Georgia, if properly drafted. A lawyer would have to review your agreement in order to determine if it was properly drafted and binding.

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Answered on 1/13/06, 3:08 pm
Jeff Kent Kent & Merritt, P.A.

Re: Non compete law

I agree with Scott, and I would like to add a couple of points. Georgia is one of the more employee-friendly states for noncompetes (but, oddly enough, not for other aspects of the employer-employee relationship). In addition, if the agreement was drafted out of state, there is a real possibility that the agreement may be enforceable in that state but not in Georgia.

I would also second the suggestion that you have an attorney review the agreement to see if it is enforceable.

The foregoing is general information only, not specific legal advice. No attorney/client relationship has been created or should be implied.

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Answered on 1/13/06, 3:10 pm
Charles W. Field Charles W. Field, Attorney at Law

Re: Non compete law

You will need to have the agreement reviewed by a GA attorney familiar with this area of the law.

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Answered on 1/13/06, 4:56 pm
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: Non compete law

In a nut shell, non-competes are enforceable only if strictly limited in 1) time, 2) scope and 3) geography. The time is usually upheld if it is 2 years or less. The scope must encompass only the type of work the employee did with the former employer, and not just the overall business of the employer. The geography must be apparent at the time of the signing of the non-compete (�map test�) and must not be greater than the employee�s territory during employment.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

Glenn M. Lyon, Esq

MacGregor Lyon, LLC

Promenade II

1230 Peachtree Street NE

Suite 1900

Atlanta Georgia 30309

Phone 404.942.3545

Fax 404.795.0993

[email protected]

www.MacGregorLyon.com

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Answered on 1/13/06, 6:03 pm


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