Legal Question in Employment Law in Georgia

Non-Compete Agreement

I worked for a company as a emergency Services Instructor, I had to sign a non-compete agreement stating that I will not teach with any of the company clients or attempt to gain business from the clients for three years. Can the employer keep me from teaching all together any where in the US, even if it is not with any of thier clients? This is my livelyhood, can the past employer take my livelyhood for three years.


Asked on 1/14/04, 1:51 pm

2 Answers from Attorneys

Wayne Wisong Wayne Wisong, Attorney at Law

Re: Non-Compete Agreement

I concur with Mr. Kent. I do render opinions on covenants not to compete as employment law is one of my primary practice areas. A covenant which would purport to restrict you from doing work for any customer, as opposed just to those you did business with, is very suspect. Further, Georgia will not "blue pencil" it, meaning, if it is overbraod, it will not save it for the employer by construing it in a narrower manner. It will simply refuse to enforce it. If you would like an opinion on your specific contract, e-mail me at [email protected] and I will tell you what I will charge and how to send me the contract. You can also call me at (770) 534-1057 to discuss it. I will not charge you for the initial phone consultation.

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Answered on 1/16/04, 1:44 pm
Jeff Kent Kent & Merritt, P.A.

Re: Non-Compete Agreement

Non-compete agreements may be valid in most states if properly drafted. In Georgia, to be enforceable, they must be "reasonable" in terms of scope, geography and duration. Unfortunately, whether or not a particular non-compete is reasonable is probably not something that can be answered on a billboard such as this, because they are extremely fact-specific. My best advice is for you to contact an attorney experienced with non-competes to determine whether or not the agreement is valid. It probably won't take a lawyer more than an hour or two to give you a good opinion.

The foregoing is general information only, not specific legal advice. No attorney/client relationship has been created or should be implied. Consult with your own attorney before taking legal action.

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Answered on 1/15/04, 10:08 am


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