Legal Question in Employment Law in Georgia
non compete
my employer is asking me to sign a non compete. I came to this company 8 months ago and brought the technoligy with me to start a new division. I built the tools and we are on the verg of making milloins in this field, do I have to sing and what are my rights?
2 Answers from Attorneys
Re: non compete
You are most likely not required to sign the non-compete unless you sign another contract that obligated you to do so. Further, most employment in Georgia is "at-will," which means that you can be terminated or quit at any time without notice. So, your employer can condition your continued employment upon the execution of the non-compete. However, if you are under an employment contract with a term of employment, then you are not required to sign the non-compete to continue to be employed under that agreement.
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Re: non compete
You do not refer to a contract or other relevant facts, but in general employment in Georgia is "at will" and an employee can be terminated for any or no reason (with very few exceptions not raised in your post). An unwillingness to sign a noncompete, or other refusal to agree to the employer's requests and instructions, is often a reason for termination. Conversely, the employee generally has the same right to quit. There are far too few facts to address the intellectual property issues, and they are most certainly going to be beyond the scope of this forum anyway. Normally these are issues addressed in the beginning of the relationship. You likely need to see a lawyer who handles these IP issues to see what, if any, rights you have in the property.