If you had one in the city of Chicago, it would only cover businesses within the city limits and not the extended suburbs. The deadline for the agreement should also be reasonable, usually one or two years. The General Assembly notes that the reasonable and restrictive agreements contained in employment and commercial contracts are legitimately intended to protect legitimate business interests and create a favourable environment to attract commercial enterprises to Georgia and to keep existing enterprises within the state. In addition, the General Assembly wishes to provide legal guidance so that all parties to these agreements can be sure of the validity and applicability of these provisions and to know their rights and obligations under these provisions. Return to non-competition statutes After 2011, the blue pencil rule was considered dead. The reason was that the new statutes, codified in 13-8-2, 13-8-2.1 and 13-8-50 to 13-8-58, would now allow the courts to maintain unreasonable agreements, even if that meant including new conditions in the treaty to make it more reasonable! But how much optimization the courts would do was everyone`s assumption. See Noncompetes-Summary of new GA Laws The deadline for non-competition bans must apply for a reasonable period of time and is generally set by the state. Non-competition agreements usually take two to three years. A non-competition or non-disclosure agreement must be supported by reflection to be applicable. The signing of a pact not to compete in the establishment of a working relationship is sufficient to support the agreement. If the contract is not concluded until after the start of the employment relationship, the maintenance of the worker`s employment is sufficiently taken into account so that the pact is not competitive.
See Mouldings, Inc. v. Potter, 315 F. Supp. 704 (M.D. Ga. 1970); Thomas v. Coastal Indus. Serves., Inc., 214 Ga. 832, 108 S.E.2d 328 (1959). Non-competition prohibitions must be very specific in what they prohibit.
A company cannot interfere with a former employee`s earning capacity – it would not be applicable and it should not be. For this reason, the contract must indicate a particular region and sector or type of position that the employee was unable to fill directly after departure. Part of the agreement provides that employees cannot pass on this sensitive information to a competing company. In many cases, this would give a period (usually one or two years) during which the outgoing worker would not be able to work for a competitor. The calendar ensures that time-sensitive information cannot be disclosed to a competition. So what is the end result? No one remembers that.