Non-compete and non-solicitation agreements are legal contracts that restrict certain actions of employees. They are often included in employment contracts and employee handbooks, but these agreements can be part of any business contract.
A non-compete agreement is a clause that prohibits an employee from competing with their employer after they leave the company or work for a competitor, even if they’re not directly involved in the competition. A non-solicitation agreement ensures that an employee does not solicit other employees or clients to join them at their new job.
A business litigation attorney can help you draft a non-compete or non-solicitation agreement in Georgia, so it is enforceable in court and meets all requirements for validity.
Facts About Georgia Non-Compete and Non-Solicitation Agreements
Here are some things you should know about non-compete and non-solicitation agreements in Georgia:
- Georgia can enforce non-compete agreements if they are reasonable in terms of duration, geographic scope, and activity covered by the restriction.
- If a non-compete agreement is challenged, a court will consider whether the employee would have a competitive advantage over the former employer due to confidential information learned during employment. The court will also consider whether the employee would suffer significant harm if the non-compete clause were enforced as well as the industry standards for such clauses.
- Non-solicitation agreements that do not impose an undue burden on competition are usually enforceable in Georgia courts.
- Non-solicitation agreements are subject to the same rules as other non-compete agreements. For example, an employer must show that its confidential information or trade secrets are highly valuable and that there is a significant likelihood that an employee will use such knowledge to compete against their former employer.
How Can a Business Litigation Attorney Help You with a Non-Compete or Non-Solicitation Agreement in Georgia?
Business litigation attorneys in Georgia can help with non-compete and non-solicitation agreements in various ways.
They can draft the agreements for you. They can also review them to ensure the language complies with Georgia law and protects your business interests.
Further, a business litigation attorney can help you enforce an existing agreement. For example, if you have an employee violating their non-compete or non-solicitation agreement, your attorney will help you take appropriate legal action against them.
Contact Experienced Georgia Business Litigation Attorneys in Atlanta
It is vital to get non-compete and non-solicitation agreements right. The experienced business litigation attorneys at Hasson Law Group, LLP can help Georgia businesses draft and enforce non-compete and non-solicitation agreements that are fair for all parties involved.
If you have questions about non-compete and non-solicitation agreements in Georgia or need help enforcing an existing agreement, call the experienced business litigation attorneys at Hasson Law Group, LLP today at (678) 701-2869.
We serve the Atlanta, GA, area.