Do non competes hold up in GA?
Properly drafted non-compete agreements, signed after May 2011, are enforceable in the State of Georgia. In fact, the laws governing the enforceability of non-compete agreements are favorable for businesses in the state. The key to enforceability is construction and consideration.
Can a non-compete agreement be struck down in Georgia?
In many states, courts have limited the enforceability of non-compete agreements. Georgia is considered to be an employer friendly state, but nonetheless non-compete agreements can be struck down if they do not meet certain legal requirements.
Can a company enforce a non-compete agreement?
Yes, in this state, employers do have the ability to enforce non-compete agreements signed by their employees. In fact, Georgia has specific rules that make enforcing these agreements easier than in other states. Changes in Georgia’s Non-Compete Laws.
When to go to court over a non-compete clause?
Going to court over a non-compete clause is a last resort. If a court rules against you, you will owe your former employer any liquidated damages outlined in the clause. How does a non-compete clause impact my equity? In many cases, non-compete clauses impact your equity and stock options.
What does consideration mean in a non-compete agreement?
Consideration: A valid non-compete agreement must be supported by consideration. Consideration is something of value given to the employee in exchange for his or her agreement to abide by the terms of the non-compete. Consideration could take the form of a raise in salary for an existing employee or an employment offer for a new employee.
Can you sign a non-compete agreement in Georgia?
No. As noted above, and under both the Old and New Law, Georgia employers can insist that employees execute non-compete agreements after the employment relationship begins.
Who is the best Georgia non-compete lawyer?
Accordingly, companies and individuals attempting to draft, enforce, contest or interpret Georgia non-compete and customer and employee non-solicitation provisions should consult with a qualified attorney such as Atlanta, Georgia non-compete attorney Dave Roberts.
When did Georgia change the non-compete law?
Non-Compete Q&A. ON NOVEMBER 2, 2010, GEORGIA VOTERS APPROVED A CONSTITUTIONAL AMENDMENT THAT HAS DRAMATICALLY CHANGED THE LAW ASSOCIATED WITH GEORGIA NON-COMPETE AGREEMENTS.
Yes, in this state, employers do have the ability to enforce non-compete agreements signed by their employees. In fact, Georgia has specific rules that make enforcing these agreements easier than in other states. Changes in Georgia’s Non-Compete Laws.