What makes a non-compete agreement valid in Georgia?
First, for a non-compete agreement to be valid in Georgia, the contract must contain consideration, which is something of value. If you want one of your current employees to sign one of these agreements, you need to provide them something of value in exchange.
Can a company force you to sign a non-compete agreement?
The short answer is no. Nothing is forcing an employer to pay you more for signing a non-compete agreement, just as nothing is forcing you to sign it. However, most employers will pay a “consideration,” which is additional compensation for the employee who agrees to the terms of the non-compete agreement.
What do you need to know about a non-compete clause?
Typically, the non-compete clause will describe conditions under which the clause may be enforced. These include: Timeframe: How long is the non-compete clause in effect? Clauses that extend beyond two years are less likely to hold up in court. Area: In what geographical region does the non-compete clause apply?
Do you need a lawyer for a non-compete agreement?
The short answer is yes. The longer answer would depend on how reasonable the terms of the non-compete agreement are. Each case is different, and each state handles non-compete agreements differently, so seek legal counsel if you’re unsure.
When do non-compete agreements become enforceable in Georgia?
Any non-compete agreement signed after May 2011 is enforceable. The new law is very favorable for businesses in the state, as it makes enforcing non-compete agreements much easier. Prior to the passing of this law, most non-compete agreements were considered void and unenforceable.
What should I know before signing a non-compete agreement?
Before signing a non-compete agreement, learn about the laws regulating non-compete agreements in your state. Then, read the agreement (and the rest of your contract) in full. If possible, consult with an employment lawyer who can tell you whether there are any provisions that are far outside of legal norms in your state.
Why are non-compete agreements a source of controversy?
Non-compete agreements have become a source of much controversy in recent years. Some view non-compete agreements as an infringement to a worker’s ability to find jobs in the free market. For the employer, however, non-competition agreements can prove essential for protecting the employer’s confidential information.
Is the non-compete clause unenforceable in California?
Noncompete clauses are unenforceable in some states such as Oklahoma and North Dakota, whereas in California, for example, employers who require a non-compete clause can even be sued. Before signing, research the laws in your state.
How long should a non-compete agreement last?
In contrast, in many industries, a Non-Compete with a duration of 6-months will be considered reasonable, and therefore enforceable. The general rule is that the duration of the agreement should not exceed the time reasonably necessary to protect the employer’s legitimate business interests.
How can I get Out of a non-compete contract?
Showing that the agreement is not related to a legitimate business interest is the most effective way of getting out of a non-compete contract. The goal of any non-compete agreement is to protect trade secrets.
Are there non-compete agreements in the state of Florida?
The enforceability of non-compete agreements in the state of Florida is quite common. Some law firms build their law practice around these agreements and represent employees, employers and potential new employers of an employee currently bound by a non-compete agreement.
First, for a non-compete agreement to be valid in Georgia, the contract must contain consideration, which is something of value. If you want one of your current employees to sign one of these agreements, you need to provide them something of value in exchange.
While an employer cannot require you to sign a non-compete, they may terminate, or choose not to hire you if you refuse to sign. Courts generally do not approve of non-compete agreements.
Is the non solicitation clause unenforceable in Georgia?
The non-solicitation clause at issue in Carson was found unenforceable, but remains instructive not only as to the limits of non-solicitation agreements, but also as to the portions that were not found to be in violation of Georgia’s restrictive covenant statute.
Why are non-compete agreements need to be narrowly tailored?
Because non-compete agreements put limits on commerce and a person’s/company’s ability to work, courts assess these four factors very closely. Therefore these agreements need to be narrowly tailored to meet the needs of the enforcing party.