Georgia Post-Employment Restrictions on Competition

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Control #:
US-TS8041
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Description

This form is a Post-Employment Restrictions on Competition for use with exiting employees exposed to commercial trade secrets or other confidential information as part of their job. This form includes a Noncompetition Covenant as well as other relevant clauses, such as a Savings Clause, a Consulting Option, and an Assignment Clause, that can be integrated into any agreement with the former employee.

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FAQ

Under California Business and Professions Code Section 16600, unless you were an owner of the business, any ?non-compete clause? which forbids an employees who is fired or resigns from working for a competitor or starting a competing business is illegal and unenforceable.

Four states?California, Minnesota, North Dakota and Oklahoma?have banned noncompete agreements entirely, and many other states have enacted restrictions, such as setting a compensation threshold or requiring advance notice. The New York Legislature recently passed a bill that would ban noncompete agreements, but Gov.

Under the Act, a general reference to prohibiting soliciting or attempting to solicit business from customers will be presumed to apply to (1) customers or prospective customers with whom the employee had ?material contact? (a term much more broadly defined under the new Act; see below), and (2) products or services ...

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.

On June 13 2023, in North American Senior Benefits v. Wimmer, the Georgia Court of Appeals held that an employee non-solicit must include an express geographic restriction?a requirement that previously did not exist under Georgia's common law regime.

Q: Are non-compete agreements enforceable in Georgia? A: Under Georgia's Restrictive Covenants Act, employee non-compete agreements are generally enforceable.

compete clause is a contractual term between an employer and a worker that blocks the worker from working for a competing employer, or starting a competing business, typically within a certain geographic area and period of time after the worker's employment ends.

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Georgia Post-Employment Restrictions on Competition