- Statutes: § 13-8-53
- Legally Enforceable? An agreement entered into on or after May 11, 2011, is enforceable if it protects a legitimate business interest and has reasonable restrictions.[1][2] Agreements made prior to May 11, 2011, are enforceable if compliant with § 13-8-2 and common law.[3]
- Requirements:
- Customer Solicitation – Can only prevent a former employee from soliciting the customers with whom they had prior material contact.[4]
- Employee Solicitation – Does not require that the former employee had prior material contact; the agreement may prohibit the solicitation of any existing employee.[5]
Sources
-
-
- § 13-8-55
- § 13-8-53(a)
- Holton v. Physician Oncology Svcs., 742 S.E.2d 702 (2013)
- § 13-8-53(b)
- CMGRP, Inc. v. Gallant, 806 S.E.2d 16 (2017)
-
Related Forms (2)
Georgia Non-Compete Agreement – Prohibits a company’s employees from working in the same field once their employment ends.
Download: PDF, Word (.docx), OpenDocument
Georgia Non-Disclosure Agreement – Contains restrictions that forbid the disclosure of sensitive business information by those with access to it.
Download: PDF, Word (.docx), OpenDocument