Restrictive covenants in employment agreements can be very useful to companies on the leading edge of technology and business innovation. This document is a general checklist of factors employers should consider with respect to the use of such covenants.
Georgia Employee Restrictive Covenants
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FAQ
Statute of Limitations ? The Georgia statute of limitations for a covenant enforcement action on a non-repeating violation is generally two years. This means an association has two years from the date a violation first occurs to bring suit, or it loses its enforcement authority.
A: While an employer cannot technically force an employees to sign a non-compete, they can make it a condition of your continued employment. In other words, you can legally be fired if you refuse to sign.
Section 44-5-60 - Effect of zoning laws; covenants and scenic easements for use of public; renewal of certain covenants; costs (a) The purchaser of lands obtains with the title, whether conveyed to him at public or private sale, all the rights which any former owner of the land under whom he claims may have had by ...
Notwithstanding any other provision of this chapter, enforcement of contracts that restrict competition during the term of a restrictive covenant, so long as such restrictions are reasonable in time, geographic area, and scope of prohibited activities, shall be permitted.
Further, the Court ruled that such a covenant that lacks a geographic territory cannot be salvaged by a court pursuant to the ?blue-pencil? rule, which is a statutory rule that allows Georgia courts to judicially modify unenforceable restrictive covenants so they become enforceable in their new form.
Once the HOA covenants expire, the board effectively becomes powerless. This means that the HOA cannot enforce the collection of assessments, cannot enforce architectural standards, and cannot regulate the use of common areas and common facilities.
If the beneficiary of the covenant can be identified, you can either negotiate a release of the covenant or a variation of the deed containing the covenant and this will then be registered with the Land Registry. There are certain criteria that a restrictive covenant must meet in order to still have a useful purpose.
Section 16-5-60 is titled Reckless Conduct Causing Harm to or Endangering the Bodily Safety of Another; Conduct by HIV Infected Persons; Assault by HIV Infected Persons or Hepatitis Infected Persons. Subsection b defines the primary Reckless Conduct offense, which is charged as a misdemeanor.
