Legal Question in Civil Litigation in Georgia

Termination of Subcontract Agreement

My husband is a subcontractor for a telecomunications company. He was terminated for not working on a job that was given to an employee of that company. His subcontract agreement states that upon termination, he can not work as a splicer in this area or in any state that the parent company does business in for a period of one year. Splicing is his profession and he has done it for the past 15 years. My question is can they really keep him from working for a year and are they in breech of his contract since the job wasn't his to begin with?


Asked on 5/06/04, 4:57 pm

1 Answer from Attorneys
Keith Reisman Reisman Law

Re: Termination of Subcontract Agreement

If you have described the �non-compete� clause accurately, a Georgia court would probably not enforce the clause. For such a clause to be enforced, it must be reasonable. Reasonableness depends on a number of factors, but if your husband has not worked in all the states that the parent company does business in, then I doubt that the clause will be considered reasonable. The facts of the situation must be checked by an attorney for a more definive answer.

This answer, though responsive to the question, is general in nature. It is not designed to be and should not be relied on as your sole source of information when analyzing and resolving a specific legal issue. Each fact situation is different; the laws are constantly changing. If you have specific questions regarding a particular fact situation, I urge you to consult with competent legal counsel.

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Answered on 5/06/04, 8:17 pm


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