Legal Question in Employment Law in Georgia
Non-compete violation
I had signed a non-compete with my old employer that I will not provide services directly or indirectly to any of his clients. However after leaving him he contracted my services through my new employer and let me work for the same client. However that arrangement is not working out any more. I am signing a contract with a new employer who will have a contract with the client for providing services of a Software Architect (That software architect is me however it doesnt state any names on the contract). If my old employer decides to sue me, in the court of law he wont be able to link me to the client with the paperwork however in reality I will still be working for the same client. Will this hold good in the court of law? If the old employer decides to file suit, do they warn me first of their intent and give me time to react or directly take me to court?
2 Answers from Attorneys
Re: Non-compete violation
No one can tell you what will "hold good" without seeing the contract and reviewing the facts. It would also be a guess whether your old employer would give you any warning. You also should not assume that you would be the only party who gets sued.
Re: Non-compete violation
Assuming that the non-compete is enforceable and actionable in Georgia, there is probably plenty of evidence, including your testimony, that you worked for the client. Typically, a potential defendant would receive some kind of demand before the plaintiff files suit, but it is not required.
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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