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?


Asked on 11/15/08, 10:23 am

2 Answers from Attorneys

Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business 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.

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.

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Answered on 11/16/08, 12:23 pm
Scott Riddle Law Office of Scott B. Riddle, LLC

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.

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Answered on 11/15/08, 10:57 am


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