To provide some context, non-compete, non-solicit, and non-disclosure agreements are all types of “restrictive covenants”; Both non-attorneys and attorneys frequently use the term “non- competes”; to broadly refer to non-compete and non solicit agreements.

Non-compete agreements in Georgia are enforceable under the Georgia Restrictive Covenants Act (GRCA), O.C.G.A. § 13-8-53, but they are subject to specific limitations and conditions. In Georgia, non-compete agreements are enforceable for certain categories of employees, including
employees who regularly solicit customers or prospective customers for the employer, engage in sales or obtain orders/contracts for services, perform key managerial duties, or perform the duties of a key employee or professional. Notably, non-compete agreements can also apply to
independent contractors if they fall into the above categories.

The enforceability of these agreements depends on their reasonableness in scope, duration, and geographic reach, as well as their necessity to protect legitimate business interests, such as access to customer lists, trade secrets, and confidential information. What is considered reasonable can vary by industry. For instance, a non-compete clause lasting six months might be reasonable in one field but excessive in another.

The precise language of a non-compete agreement is essential for understanding its scope and enforceability. For example, if an employee is terminated without cause, non-compete agreements remain enforceable unless explicitly stated otherwise in the employment agreement. If you are an employee and do not have a copy of your non compete agreement, you should request it from your employer.

Even if a non-compete agreement is overly broad and unreasonable, it is not necessarily unenforceable in George. Under O.C.G.A. § 13-8-53, Georgia courts have the authority to engage in “blue penciling,” meaning they can adjust an overly broad non-compete agreement to make it reasonable and enforceable. If a non-compete agreement is so over broad as to prevent an employee from working anywhere, a court would likely limit the geographic scope of the non-compete and enforce it in its revised form. 

Violating a non-compete agreement can result in significant legal consequences, including being sued for damages and being subjected to a court order to cease the violating activities. Legal fees and damages could be substantial, especially if the new employer is also sued for tortious interference. 

If an employer discovers a former employee violating a non-compete agreement, it is crucial to act quickly by consulting with a non-compete attorney. Prompt legal action can include sending a cease-and-desist letter or filing a lawsuit to enforce the agreement. Delayed responses can weaken the case for an injunction to stop the employee from continuing their violation. 

On the other hand, if an employee receives a cease-and-desist letter regarding a non-compete, an attorney can assist them in crafting a detailed response. Ignoring such letters can lead to assumptions of non-compliance and potentially prompt a lawsuit. In some cases, it may be strategic to file a lawsuit first to control the venue and narrative of the dispute.

In summary, non-compete agreements in Georgia are legally enforceable under specific circumstances, and both employees and employers should approach these agreements with careful consideration and legal guidance to ensure compliance and protection of their respective interests. Our website offers a wealth of educational resources focused on Georgia non-compete law, including our Georgia Non-Compete Frequently Asked Questions page and our Insights page, available here.

Have questions about non-compete laws in Georgia? Contact us today at 404-474-7924 or email coordinator@caklegal.com to schedule a free consultation with our knowledgeable attorneys.

WHO WE REPRESENT

At Cantrell Schuette, P.A., we leverage our extensive experience to represent a diverse clientele in non-compete disputes throughout Georgia. Our firm is dedicated to providing exceptional legal services to both individuals and businesses facing challenges related to restrictive covenants, including non-competition, non-solicitation, and non-disclosure agreements. 

Individual Representation

At Cantrell Schuette, P.A., we are dedicated to representing individuals across a wide spectrum of industries and professions in matters involving restrictive covenants. Our clients include highly compensated executives and professionals, ranging from healthcare practitioners and accountants to start-up founders and sales representatives. We also represent a diverse array of workers and contractors, ensuring that everyone, regardless of their role or industry, has access to expert legal support.

Our extensive experience spans a variety of sectors including insurance, financial services, hospitality, solar energy, home services, and recruiting/staffing, among others. We offer comprehensive legal services designed to address and resolve issues related to non-compete agreements, non-solicit agreements, and non-disclosure agreements.

No matter the industry or complexity of the case, our commitment is to provide knowledgeable and effective representation tailored to the unique needs of each client, including: 

• Defending Against Allegations: We represent individuals and their new employers in defending against claims of violating non-compete agreements, non-solicit agreements, and non-disclosure agreements, including tortious interference claims.
• Contesting Injunctions: We handle defenses against temporary or preliminary injunctions in both state and federal courts.
• Responding to Legal Threats: We address cease-and-desist letters to protect our clients’ interests.
• Review and Assessment: We review and assess non-compete, non-solicit, and non-disclosure agreements to evaluate their enforceability and advise on strategies to mitigate or avoid enforcement.
• Cease-and-Desist Responses: Our attorneys craft timely and strategic responses to cease-and-desist letters to prevent escalation into lawsuits.

At Cantrell Schuette, P.A., we are committed to delivering tailored legal solutions to meet the unique needs of our clients, ensuring their rights and interests are protected in the complex landscape of restrictive covenants law. To discuss your individual non-compete issues and explore your options, contact us today at 404-474-7924 or email coordinator@caklegal.com for a free consultation.

Business Representation

At Cantrell Schuette, P.A., we are dedicated to protecting the interests of businesses across Georgia in a wide array of industries by expertly handling the complexities of non-compete agreements. Our clients rely on us to manage and enforce these agreements, ensuring fair competition, safeguarding their business interests, and protecting their proprietary and confidential information to uphold competitive advantages.

Our broad expertise covers a variety of legal needs:

• Drafting Agreements: We offer expert drafting services for employment agreements, vendor contracts, compensation agreements, independent contractor agreements, and restrictive covenants, ensuring they are legally sound and customized to your business needs.
• Creating Policies and Procedures: We assist in developing comprehensive policies and procedures to safeguard your confidential business information and ensure compliance with Georgia’s legal standards.
• Training and Compliance: We provide training for HR professionals and business owners on best practices to comply with employment laws and manage risks associated with non-compete agreements.
• Assessing Potential Liability: We evaluate the hiring of individuals with existing non-compete agreements to assess potential liabilities and recommend strategies to mitigate associated risks.
• Enforcement: We protect business interests by prosecuting certain restrictive covenant claims, including sending cease-and desist letters, seeking injunctions, and filing lawsuits for damages when necessary. 
• Defending Against Claims: We provide robust representation for companies facing allegations of tortious interference and misuse related to restrictive covenants. Our goal is to protect your business from unfair claims and ensure your rights are defended.
• Handling Unfair Competition Claims: Our team is adept at addressing unfair competition issues, including business defamation, false advertising, deceptive practices, trademark infringements, breach of contract, civil conspiracy, and other related claims.

At Cantrell Schuette, P.A., we are dedicated to delivering personalized legal solutions to meet the specific needs of Georgia businesses, ensuring their interests are well-protected in the complex domain of non-compete agreements and related legal matters. If your business needs expert legal representation for non-compete agreements, contact us at 404-474-7924 or email coordinator@caklegal.com today for a free consultation.