If you are someone who has recently been offered a job, there is a very good chance that you were asked to sign something known as a non-compete agreement with your employer. Essentially, these agreements are contracts wherein the employee agrees not to take up a similar profession or trade that is in competition with his or her current employer. That being said, in many cases, employment law in Georgia generally favors employers over employees, and if you wish to dispute such a contract, you may have a hard time in doing so. However, there are certain circumstances that may warrant you disputing your non-compete agreement, and with the help of an experienced Georgia employment attorney at your side, we may have this agreement overturned in court, as long as we can provide substantial evidence to prove that the agreement violated certain legal criteria. Please continue reading to learn more.
What constitutes a valid non-compete agreement?
For a non-compete agreement to be considered legally enforceable, it must meet the following criteria:
- Consideration: All non-compete agreements must be supported by consideration. Consideration is when an employer gives an employee something of value in exchange for the employee promising to follow the rules of the agreement.
- Valid Business Interest: Your employer must have a valid business-related reason for asking you to sign such an agreement. If your employer, for example, asks you to sign this agreement to protect certain trade secrets, this is a valid reason for you to sign one. If we can prove that there was no valid reason to ask you to sign such an agreement, we will most likely have a case.
- Reasonableness: Non-compete agreements generally cover geographical regions and time limits. This means that generally, they are not permanent, and they should not prohibit the employee from moving across the country or world and not getting a job in a similar field.
Georgia also has a “Blue Pencil” rule that essentially works to regulate severability, which means that this rule gives judges the right to adjust any covenant of a non-compete agreement that they feel is too ambiguous to be legally enforceable. If you have any additional questions, give our Georgia employment law attorney a call today.
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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.