Legal Question in Employment Law in Georgia
no competition agreement
My son is a full time university student and works parttime as a computer technician. When he began work approx. 2 1/2 yrs. ago, he was asked to sign a noncomp agreement. This states he can't work within a 50 mi. radius for 1 yr. upon termination, his choice or mgt. His signature is the only one on this document. Is this a legally binding contract? He has been offered other employ. & current boss says he CANNOT work for this other company. Is there anyway he can get around this?
1 Answer from Attorneys
Re: no competition agreement
A lawyer would have to review the document to determine whether it was binding. However, the mere fact that only one party signed does not necessarly invalidate it, especially as here the person to be bound by the noncompete obviously signed it and the both parties (presumably) acted consistent with the terms for 2.5 years. As for the 50 miles/1 year, it does not stand out as inherently unreasonable, but other facts may be relevant. For example, is it a basic computer tech job that can be replaced any day, or one with special skills and training provided by the employer. Large city, or small town where the employer has to consider competition? If nothing else, it is an early lesson in the importance of understanding the ramifications of signing contracts.
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