New Georgia Law Allows Employers to Enforce Stronger Non-Compete Agreements
In May of 2011 HB 30 was signed into law, implementing a change to
Georgia’s constitution approved in 2010, which gave Georgia business
owners more latitude in structuring non-compete agreements, not only
with employers, but with contractors and with sellers of businesses
being purchased. The bill provides a number of guidelines, but
generally allows non-compete agreements that are reasonable in the
context of the specific situation, and it generally brings Georgia’s
law on this subject into the mainstream among US states. But
non-competes that are enforceable in one situation may not be
enforceable in another; a non compete for a key sales employee can be
broader than for a clerical worker, for example. Any business seeking
to protect its business with reasonable non-compete agreements should
consider reviewing and revising its agreements, and perhaps requiring
existing, as well as new, employees to sign an appropriate agreement.
Employees who are asked to sign such agreements should be aware of the
likelihood of their being enforceable.
–
Gary R. Whitaker
Whitaker Business Law
The Gates at Sugarloaf
1325 Satellite Blvd, Ste 1604
Suwanee, GA 30024
Cell: 310-405-1044
www.whitakerbusinesslaw.com
