Legal Question in Employment Law in Georgia

non-solicitation

i am trying to start my own company, and my current company has a non-solicitation agreement. could you please take a look at this and see what you think? i am an independent contractor, and this 'babies cant wait' is a government program that pretty much all children go through, it is not limited by income or anything and they work to facilitate what kind of therapy the child may need. so basically i would need this contract, or would have to work in another county. here is the piece of the contract.

Non-solicitation. During the term of this Agreement and for a period of one (1) year following the termination of this Agreement, the Contractor shall not solicit the business of any company or individual including, without limitation, the Babies Can't Wait programs administered by Fulton County, Georgia and DeKalb County, Georgia, to which the Contractor had previously rendered services under this Agreement.


Asked on 1/21/09, 4:16 pm

2 Answers from Attorneys
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: non-solicitation

The entire agreement would need to be reviewed since there are other provisions that can have a vital effect on the non-solicitation provision.

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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Answered on 1/21/09, 4:28 pm
Gregory Fidlon Law Offices of Gregory R. Fidlon, P.C.

Re: non-solicitation

Unfortunately, there is no simple answer. Agreements such as this are generally difficult to enforce in Georgia. However, the outcome varies depending on a number of factors. Most important is whether the employer has a protectable interest in keeping certain business information out of its competitors' hands. The employer would have to show that it took steps to keep this information confidential. I would be happy to discuss this with you in greater detail if you would call the number listed in my profile.

This response is for informational purposes only and does not create an attorney-client relationship.

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Answered on 1/21/09, 5:58 pm


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