Legal Question in Employment Law in Georgia

Non-Compete but Different Position

Last week,I left my employer of 15 years. During the exit process, I was threatened repeatedly with legal action based on a non-compete agreement that was entered into in 1988. Their verbal threat stated that ''If you go to work for our competition, we will sue you''. The non-compete agreement only listed job title and responsibilities that I will not be performing at any new employer. However, since I

have left,I have received job offers from direct competitors of my former employer . If I accept a position with a competitor, does that put me in an untenable situation?


Asked on 2/28/01, 8:17 am

1 Answer from Attorneys
Jeff Kent Kent & Merritt, P.A.

Re: Non-Compete but Different Position

The short answer is "It depends." Non-compete provisions can be enforceable in Georgia if they are reasonable in scope, time and geographic restrictions. It is impossible to tell if you are at risk without knowing the language of the non-compete as well as the duties you would provide for your new employer. Also, it is important to see if you have a non-solicitation provision, which would prohibit you from having contact with customers of your old employer.

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Answered on 4/24/01, 11:44 am


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