Legal Question in Employment Law in Georgia
Non-Compete
As a result of a layoff I have started a business in the same field and have a customer from the past wanting to work with me. This customer did not work directly with my former employer but through an MBE contractor who then contracted with my former comp.
Can I be kept from making a living with a customer that wants to go directly with me and not through these other entities due to the non-compete which has:
''I will not directly, or indirectly(whether through a partner, affiliate, employee or any business entity with which I am associated, except as a passive shareholder in a publicly traded company) solicit, divert or attempt to take away any clients whom for the past 2 yrs of employmenr, I handled, served, wroked for or with, solicited, worked on proposals for or met while employedby company to purchase products or services that are directly competitive to those offered by company.''
Can this be upheld in a situation like this? I have not solicited them, they have contacted me after finding out I was terminated.
1 Answer from Attorneys
Re: Non-Compete
You will need to have all of the relevant documents reviewed. If you knowingly hire someone who is under a valid restrictive covenant, you may be committing tortious interference with contract. However, some of the covenants may not be enforceable depending on what state's laws apply.
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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