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?
2 Answers from Attorneys
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.
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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