Competition bans have been the subject of much controversy in recent years. Some consider the existence of a non-compete clause to be a violation of a worker`s ability to find employment on the open market. However, for the employer, non-competitive agreements may be essential to protect the employer`s confidential information. In many states, courts have limited the applicability of non-competition agreements. Georgia is considered an employer-friendly state, but non-competition bans can still be found if they do not meet certain legal requirements. Moreover, the non-competition clause signed by Blair was narrow. It only prohibited it from working as a dredging operator for a period of two years for a competitor who served the same customer in Georgia. Under the agreement, it could have served other railways in the course of its activities with Pantera`s competitors. This shows that even narrowly adapted agreements are only applied if the specific context in which they are used is permitted by law. Given the divided court, this decision has a limited precedent. However, it provides information on how some Court of Appeal judges migrate aspects of the new non-competition clause.
Practitioners who design non-competition bans should be aware that non-competition bans that restrict the prohibition of competitive services for former clients could be attacked without a reasonable area. The fact that two of the three judges interpreted the statute in a restrictive manner is not surprising, as the status is different from the common law. Georgian law is generally favourable to employers when it comes to non-competition rules, as the requirements of an applicable agreement are not as stringent as in some other states. The terms of an enforceable non-compete clause are as follows. The law allows you to sign a non-compete and compete in Georgia, but not if you move to Saudi Arabia? You want to make sure that your non-compete clause is enforceable, and if a dispute arises, don`t wait to contact a business litigation lawyer at Battleson Law, LLC. Call 404.382.8149 or contact us online today.