Legal Question in Business Law in Georgia

I was recently laid off from my job as a recruiter from a recruiting firm in Georgia. Can I be legally held to my non-compete? What if clients solicit my services?


Asked on 8/19/09, 2:46 pm

2 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

No one here has a copy of your contract. If you plan on competing or violating the terms, it is a good idea to see a lawyer who handles that kind of work.

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Answered on 8/24/09, 2:52 pm
Jeff Kent Kent & Merritt, P.A.

I wish it were as easy as saying yes or no. If the question is whether or not the fact that you were laid off affects the enforceability of your non-compete, the answer is almost always no in Georgia (although the language of the contract itself might give you some relief). Otherwise, it is impossible to answer whether your non-compete is enforceable or not. There are a number of factors which might come into play, including but not limited to, where you were employed, what state's law applies, whether the non-compete is reasonable in terms of time, geography, prohibited activities, what your job duties are, etc.

If the contract is an enforceable non-compete, it is possible that you cannot help clients who seek you out for services, even if you do not directly contact them first.

An experienced attorney could probably give you a good opinion for a couple of hundred dollars. If you plan to continue working in this area, it is money well spent.

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 8/24/09, 3:01 pm


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