Non-Compete Agreements Attorney in Atlanta, Georgia
Non-compete agreements are established between employers and employees. In these agreements, generally, an employee will agree not to begin a similar profession or trade in competition with the employer of which he/she had the agreement. Georgia employment law, for the most part, tends to favor employers, however, in certain circumstances, non-compete agreements can be overturned in court if you can prove they violate certain legal criteria. If you believe you have been wrongly accused of violating a non-compete agreement, contact our skilled legal team at Ben Barrett Law today.
What Makes a Non-Compete Agreement Valid
There are several qualifications for a valid and enforceable non-compete agreement in the state of Georgia. These qualifications are as follows:
- Consideration: Any valid and enforceable non-compete agreement must be supported by consideration. This, simply put, means that an employer must give an employee something of value (such as a raise or employment offer, depending on the circumstances), in exchange for that employee’s promise in a written agreement not to violate the terms of that non-compete agreement.
- Valid Business Interest: Behind every valid non-compete agreement, there is a valid business-related reason for creating one. For example, certain businesses have trade secrets and other information that they do not want their employees obtaining, quitting, and then using those secrets to benefit another employer in the same field. Though this is completely understandable, these non-compete agreements must be targeted specifically to protect these interests. If not, they may not be considered enforceable in court.
- Reasonableness: Finally, every non-compete agreement must be reasonable in both the geographic area it covers, as well as for the duration of time it lasts. Simply put, non-compete agreements, in certain markets, are just not feasible or fair if they go on for too long, or prevent employees from gaining employment across the country if it would not affect the initial employer’s business, to begin with.
Finally, it is also worth noting that Georgia’s “Blue Pencil” rule is in place to regulate what is known as “severability.” Under this rule, judges are allowed to adjust or modify any covenant of an agreement that they deem too broad or ambiguous to be legally enforceable, as opposed to completely voiding the whole non-compete agreement.
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Contact an Atlanta Non-Compete Agreement Attorney
If you are someone who has been wrongfully accused of violating a non-compete agreement, you need quality legal representation on your side. If accused, you may face serious repercussions, which is why we are ready to be your steadfast defender. Attorney Barret has been helping individuals just like you for over 20 years, which is why you can rest assured you are hiring a firm that understands the intricacies of employment law. We are here to help you. Contact Ben Barret Law today to learn more about your legal options going forward.