What Makes a Non-Compete Agreement Valid and Enforceable?

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What Makes a Non-Compete Agreement Valid and Enforceable?

If you are starting a new job and your employer is requiring you to sign a non-compete agreement, it is important to understand what this agreement entails. Continue reading to learn more about non-compete agreements and what makes a non-compete agreement valid and enforceable. For further assistance, reach out to our experienced employment law attorney who can walk you through the process ahead. Our legal team is prepared to assist you with any employment law matters.


A non-compete agreement is a legal agreement that binds a current and former employee from competing with an employer for a time period after employment ceases. The employee must not reveal any trade secrets learned during employment.

The main reason behind requiring employees to sign a non-compete agreement is that the employer does not want their employees to learn inside information or strategies and use that information to benefit another competing company.


It is required for a non-compete agreement to meet the following standards to be considered valid and enforceable:

  • Reasonableness: A non-compete agreement should cover only certain geographical regions. They should generally only be valid for a certain period of time.
  • Consideration: The employer who is requiring this non-compete agreement to be signed will have to give the employee something of value in exchange for the promise to abide by the terms of the agreement such as a regular paycheck.
  • Valid Business Interest: For an employer to ask an employee to sign such an agreement, that employer must have a valid business interest, meaning they might be looking to protect trade secrets, private company information, and more. If you have been asked to sign a non-compete agreement without a valid reason, you may be able to work to have it overturned with the assistance of an experienced attorney.

If the non-compete agreement that you have signed does not meet the above standards, it is important that you retain the services of an experienced employment law attorney. Our legal team at Ben Barret Law will work to protect your rights as an employee. To learn more about our services and how we can assist you, reach out to our firm today.


If you need help with an employment law matter in the state of Georgia, you can count on Ben Barrett Law to effectively represent your interests. With over 30 years of experience, Attorney Barrett has the skill and experience necessary to help you navigate the complexities of any employment law matter you may be facing. To discuss your case with a legal team you can trust, please do not hesitate to contact Ben Barrett Law today.

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Our firm hand-selects challenging, complex cases that other attorneys won’t touch so we can deliver the highly-personalized attention your case deserves. From consultation to trial, we advocate for employees’ rights, every step of the way.

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We base our practice on the principles of service and care. We take the time to truly know each and every client, and we put all of our energy into obtaining the best outcome possible, time and time again.

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We will prosecute your case to the fullest extent possible. If you’ve been wronged by an employer in Georgia, you can count on Ben Barrett Law to fight for you.

Why Did the FTC Ban Non-Competes?

The FTC (Federal Trade Commission) is a federal agency that prevents fraud and unfair business practices by enforcing consumer protection laws. Most recently, in April of 2024, the FTC voted to ban non-compete agreements. While some may criticize this law,...

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