Legal Question in Civil Litigation in Georgia

noncompete/10mi/2yr contract or not?

I took a grooming job with a veterinarian and signed a noncompete in Sept. 2004. I quit (walked out) on June 1,'05 and sent a letter of resignation from my position. Was rehired one week later and no new contract was signed. I gave 2 week notice on Jan10,'06. Employer called yesterday, Jan.25,'05 and left message to remember ''the contract'', which carries a $15K penalty. Do we have a contract in place? I had an associate of mine take this contract to an attorney he knew, the attorney said that when I walked out and sent a letter of resignation,, which was proof of termination, that the contract was void and I was rehired on an at will basis with no new contract in place, and could leave with no restrictions. So, I need to know if there is or is not a contract in place or is the employer playing games ?


Asked on 1/26/06, 11:56 am

3 Answers from Attorneys
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: noncompete/10mi/2yr contract or not?

I would need to review the contract containing the non-compete, but it would be doubtful that the non-compete portion was rendered void by your quitting. Non-compete clauses almost always survive the employment for at least 6 months to a year.

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 1/27/06, 8:14 pm
Charles W. Field Charles W. Field, Attorney at Law

Re: noncompete/10mi/2yr contract or not?

You should consult with a local attorney. Without reviewing the agreement, it is impossible to give you reliable advice.

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Answered on 1/30/06, 5:25 pm
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: noncompete/10mi/2yr contract or not?

Since you have already had an attorney review the actual contract, and no one here has a copy, the best thing for you to do is consult with that attorney.

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Answered on 1/26/06, 12:02 pm


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