Atlanta Non-Compete Agreements Lawyer
It’s fairly common for an employer to ask you to sign a non-compete agreement. However, before signing one, it’s a good idea to speak with an attorney to ensure that the terms in the agreement are actually legal and enforceable. You want to make sure you aren’t signing something that takes away your rights unnecessarily. Williams Oinonen LLC has years of experience assisting clients with non-compete agreements before and after they’ve been signed. Contact an Atlanta lawyer today for a consultation by filling out our online form or calling (404) 654-0288.
Why Choose Williams Oinonen LLC
Williams Oinonen LLC has has over a decade of experience and millions of dollars in recovery since 2009. The attorneys at our firm always put our clients first and are ready to help you with your case. Non-compete agreements can be difficult to navigate on your own, and the Atlanta non-compete agreement lawyers at Williams Oinonen LLC are here to ensure you understand your rights in the state of Georgia.
Five Main Elements of Non-Compete Agreements
In Georgia, there are five main elements that need to be considered when drafting and signing a non-compete agreement.
All non-compete agreements must be supported by consideration. Consideration is the act of an employer giving something of value to the employee in exchange for the employee agreeing to abide by specific rules in the agreement.
In Georgia, if a non-compete agreement contains unenforceable terms, it does not automatically fail. Parts of the agreement that are enforceable and lawful remain intact. This is known as severability. Additionally, the court also has the power to modify the agreement to make it enforceable, so long as the change doesn’t make the agreement more restrictive or compromise the original intent of the non-compete agreement.
In the state of Georgia, non-compete agreements signed after May 2011 are enforceable.
3. Covered Positions
In order for a non-compete agreement to be valid, the employee signing the agreement must be employed in one of the following positions:
- Sales Staff
- Vital Employees or Company Professionals
- Employees in Management Roles
- Employees Who Regularly Solicit Business From Customers of the Business
While there can sometimes be a dispute about whether an employee fits into one of these categories, a non-compete agreement will not stand if it is determined that they don’t.
Another requirement of a non-compete agreement is that it must be reasonable in terms of scope, geographic range, and duration. Scope and geographic range are more difficult to define and often depend on the size of the business and whether it’s a local or global business. This aspect of non-compete agreements is less defined than others, and it’s important to contact an experienced lawyer before signing any type of agreement.
5. Non-Solicitation and Non-Disclosure
In Georgia, an employer is permitted to include non-solicitation and non-disclosure terms in a non-compete agreement. The non-solicitation clause can prohibit employees from soliciting and hiring individuals they worked with while employed by the company. However, once the employee leaves the company, they cannot be prohibited from soliciting and hiring individuals that they did not work with while at the company. Non-disclosure clauses that apply to company trade secrets are permitted. However, employers must be able to prove that their position on non-disclosure is reasonable.
Williams Oinonen LLC Has Your Best Interest in Mind
If you’ve been asked to sign a non-compete agreement, it’s necessary to contact an experienced attorney so you can protect your rights. Many of the laws in Georgia are employer-friendly, and if you don’t have someone on your side, there’s no way to guarantee that what you’re signing is not detrimental to you and your future. The Atlanta non-compete agreement lawyers at Williams Oinonen LLC would be honored to help you with your non-compete agreement. Contact us today for a consultation by filling out our online form or calling (404) 654-0288.