Legal Question in Employment Law in Georgia

Re: Non-Compete Contract and Clean Hands Doctrine

#1 If a non-compete is legally overbroad, then of course it is unenforceable. However, I can't tell you if your non-compete is overbroad. You would need to have an attorney look over it.

#2 If you were an employee at-will, your employer may continually ask you to sign new non-competes in consideration for your continued employment. Unclean hands would not apply here.

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Re: Non-Compete Contract and Clean Hands Doctrine

You need to employ an experienced plaintiff's employment law attorney to determine whether your employment circumstances gives you grounds for a lawsuit. They will also be able to adivse you regarding the non-compete agreement. Avoid discussion of your case with anyone prior to obtaining representation.

Re: Non-Compete Contract and Clean Hands Doctrine

I agree and disagree with Glenn on this one (sorry, Glenn, I usually agree with you completely). Whether or not the non-compete is enforceable is a very fact-specific thing, and you should get an experienced attorney to review it for you.

As to the issue about which I disagree with Glenn, there is some VERY limited authority for an allegation of fraud if you can show that the employer knew that he was going to let you go when he got you to sign the new agreement.

Feel free to contact me if you have questions.

Re: Non-Compete Contract and Clean Hands Doctrine

To add to the two substantive responses (Mr. Lyon, Mr. Kent) that had good points, I also believe that if the employer KNEW you were going to be terminated, you would have a possible defense, whether it be the breach of duty of good faith, unclean hands (for an action to enforce the agreement), or in an extreme case, fraud in the inducement. You'll need strong evidence. Keep in mind that testing the theory may lead to trouble for a future employer. Depending on the money at issue, you may want to consider seeking a declaratory judgment that the agreement is unforceable.