Legal Question in Employment Law in Georgia

Re: Non-compete and non -solicitation

I'm afraid that I'm going to give you the typical lawyer's answer: it depends. A properly drafted non-solicitation agreement may be enforceable, and in some, but not all, cases may be assignable to an acquiring company. There are a number of factors which determine whether or not it is enforceable, such as what state's law applies, whether the agreement is narrowly tailored and not overbroad, whether it has an assignability clause, etc.

Even in the absence of a non-solicitation clause, there may be a confidentiality agreement regarding the client list. If the list rises to the level of a trade secret (which is generally difficult to do), there need not be a confidentiality agreement at all to prohibit the disclosure of the list itself. However, absent an agreement (and in most, but not all, states) the information in a former employee's head is generally fair game.

All of these are general principles, however, and you would be well advised to seek an attorney to review any non-solicitation agreements and discuss the situation with you.

Feel free to contact me if you have additional questions.

The foregoing is general information only, not specific legal advice. No attorney/client relationship has been created or should be implied.

Re: Non-compete and non -solicitation

I agree with Mr. Kent and would add that your company may have some liability exposure if you interfere with the ex-employee's obligation to your competitor regardless of the e-mail.

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.