That depends. There may be claims you can make against the new employer because they didn`t tell you in advance that this was a requirement. These claims vary from state to state and may depend on the enforceability of the non-compete obligation. Legally, no, but it may give you an indication that the employer does not see the cost and risk of trying to enforce the agreement as it is worthwhile. It may also be that the employer has decided that the agreement is likely to be unenforceable anyway. Unfortunately, this is not a guarantee that the employer will not try to apply it in your case. Before you intentionally choose to breach any non-compete obligation to which you are subject, contact a lawyer who can discuss the agreement with you and help you evaluate an appropriate course of action. The Georgian non-competition clause also provides for advertising for former customers. Court decisions have concluded that it is possible to prevent former employees from referring customers or other employees as long as the former employee has had a business relationship with these individuals. It is not possible to prevent former employees from attracting customers with whom they have never had a business relationship before. 12. Can I be dismissed for refusing to sign a non-compete obligation? No. However, if you don`t agree to a non-compete clause, you may cost your potential job (or your current job, if your current employer now wants you to sign an agreement that didn`t previously apply to your job).
If the employer is not willing to abandon the agreement or change the form or content to suit you better, you may not be hired or you may be fired if you are already employed. Employers may only apply non-compete obligations to employees in these positions. However, the law provides for a wide margin of manoeuvre in the description of these categories. This is an area that requires some legal nuances. For some employers, categories offer easy application. If the categorization is less clear, employers would do well to consult with a lawyer for the development of appropriate job descriptions to document the essential functions compatible with these positions. Recently, non-compete obligations have been declared invalid, concluding that employers are pushing the boundaries of definitions and claims. Sometimes. Based on the facts of each individual case, employees were able to assert legal rights due to what is known as “unauthorized interference with business relationships.” This legal right applies to cases where an employer has cost the employee a job because it has attempted to enforce a non-compete obligation that is not legally enforceable. Sometimes, these “unlawful interference” claims can result in significant damages being awarded to the employee for the employer`s excessive efforts to prevent him or her from finding another job. On the other hand, the employer can sue you and go to court to ask for a so-called “injunction” or injunction to prevent you from violating your agreement. Since a breach of a non-compete obligation can cause direct harm to an employer, the court will often apply expedited procedures in these cases.
Once your employer has applied for an injunction or injunction, it may only be a matter of days or weeks before you schedule a hearing before a judge. You may have very little time to hire a lawyer and discuss your case with that person, so be sure to seek the help of an experienced labor lawyer once you know your employer is challenging your actions. 18. What can happen to me if I breach the non-compete obligation by letting my employer work in the same industry? Yes. A non-compete obligation is enforceable even if it is signed after starting work for an employer. Job retention is considered a sufficient consideration to validate a non-compete obligation in Georgia. Non-compete obligations have become a hot topic, as social media and 24-hour coverage often highlight employers who abuse non-compete obligations to the detriment of their employees. Non-compete obligations are intended to protect a company`s intellectual property (“IP”). If an employee with specific, non-public knowledge of the operation of a company or its products were to switch to a competitor, he would naturally bring his knowledge to the new competitor, which would jeopardize the intellectual property of his original employer. However, to avoid lengthy legal proceedings, companies should review their non-compete obligations to ensure that all conditions are enforceable. Appropriate and effective job descriptions are an important part of this review process, as is a careful analysis of legitimate business needs, scope and geographic footprint. Employers are encouraged to hire a qualified employment counsellor to ensure compliance.
The value of a non-compete obligation lies in its enforceability. Incorrect application to terms and conditions can lead to costly litigation and harm the spirit and purpose of the agreement. Our Employment Practices Group will continue to be available to respond to any questions or concerns employers may have regarding the review of existing obligations or the drafting of new non-compete obligations. Contact a member of our Employment Practices Group at 1-888-488-2638. 7. Is it possible to withdraw from a non-compete obligation? 11. What should I do if my employer does not allow me to ask a lawyer to review a non-compete obligation? A: While an employer cannot technically force an employee to sign a non-compete clause, they can make it a condition of your continued employment. In other words, you can be legally dismissed if you refuse to sign. Whether an agreement is likely to be valid depends heavily on the analysis of state law, how it is applied to the specific facts of your situation, and that of your employer.
With so many stakes when you have no hesitation about an agreement, it would be wise to contact a lawyer who is familiar with these types of agreements. False assumptions about the validity of the agreement could seriously affect your ability to work and cost you a lot of money, so you should proceed with caution. Understanding and properly developing terms that align these concepts with an employer`s business needs is critical to the applicability of the non-compete obligation. Perhaps, but a court would likely restrict the geographic scope of the non-compete obligation and apply it as amended. In this context, the O.C.G.A. Article 13(8)-56 provides that a geographical area of a non-compete obligation comprising the areas in which the employer carries out its activities at any time during the relationship between the parties, even if it is not known at the time of the conclusion of the non-compete obligation, is appropriate, provided that: There is also a strong argument that an employee who is dismissed because he refuses to: to sign an unreasonable obligation of non-competition, a claim against the employer for dismissal in violation of this public order of the State. The results of these “public policy” claims vary from state to state. 23. Is there another way to know if the agreement is enforceable? Probably not.
Most courts require you to accept the terms of a non-compete obligation – e.B. by reading and signing. It is usually not enough for the employer to simply tell you that they are there for you to be bound by their terms. Whether it`s legal for your employer to deny you a job or fire you, it depends on the facts of each individual case and varies from state to state, depending on the laws of each state. It may also depend on the adequacy of the proposed agreement not to be competitive. If you breach a non-compete obligation, you can pay significant damages to your former employer, perhaps even at their legal costs. If you breach your non-compete obligation by working for a competitor, your former employer can also sue your new employer for unlawful interference with the non-compete obligation. Under Georgia`s Restrictive Covenants Act, which is incorporated into o.C.G.A. § 13-8-53, non-compete obligations – unlike solicitation prohibitions and non-disclosure agreements – are limited to employees who, during their employment: 22. Is there anything I can do to my employer for trying to impose a bad commitment not to be competitive? First, for a non-compete obligation to be valid in Georgia, the contract must contain valuable consideration. If you want one of your current employees to sign one of these agreements, you`ll need to provide them with something valuable in return.
Review of your agreements is at your discretion and may change from agreement to agreement. Non-compete obligations have become a source of controversy in recent years. Some view non-compete obligations as a violation of a worker`s ability to find work in the free market. However, for the employer, anti-competitive agreements may be essential for the protection of the employer`s confidential information. In many States, courts have restricted the applicability of non-compete obligations. Georgia is considered an employer-friendly state, but non-compete obligations can be removed if they do not meet certain legal requirements. An employer who requests a non-compete obligation may, in some cases, pay “consideration”: additional remuneration in exchange for the employee.B s or seller.B acceptance of this provision, or another non-monetary benefit, such as, for example, a change in duties or professional responsibilities […].