Legal Question in Business Law in Georgia

How can non-compete contract be enforced when this is what I'm trained to do

I've been with this company for three years. There's only a few companies around that are in the same business. If this is what I'm trained to do, how can they keep me from doing the same work at another company?


Asked on 6/20/02, 5:32 pm

2 Answers from Attorneys

Charles W. Field Charles W. Field, Attorney at Law

Re: How can non-compete contract be enforced when this is what I'm trained to do

These covenants are legal if they are reasonable in terms of time and location. You should consult a local attorney because many questions need to be asked.

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Answered on 6/20/02, 5:36 pm
Jeff Kent Kent & Merritt, P.A.

Re: How can non-compete contract be enforced when this is what I'm trained to do

In Georgia, non-compete contracts are construed narrowly. To be enforceable, they must be reasonable in duration, geographic scope and scope of activities prohibited. If a court finds any of these three factors to be too broad, the court will void the entire non-compete (unless the noncompete is part of a sale of a business, which it does not appear to be in your situation). For example, a non-compete agreement trying to restrict someone from competing for 10 years would be thrown out because the time restriction is unreasonable. The enforceability of a non-compete contract must be made on a case-by-case basis. In other words, a valid non-compete in a local retail business may be invalid if used in a technical development business, and vice versa. You should consult with an attorney to review the contract to determine whether or not your non-compete is likely enforceable or not.

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

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Answered on 6/21/02, 7:54 am


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