Non-Compete Advice Litigation & Age Discrimination Let Rob Help

NON-COMPETE ADVICE AND LITIGATION

Too often, employees are required to sign away their right to earn a living through restrictive contracts that limit their ability to compete. Many times, employees are not even aware of the restrictions they’re under. Non-compete agreements are often tucked away in small print, in a bundle of new employee paperwork. The first time you realize the extent of your non-compete might be after you leave, when you receive a “cease and desist” letter from your old employer. As an experienced Georgia non-compete lawyer, Rob can help advise you before you sign a non-compete agreement or when you decide to leave your employer. 

FAQ'S

WHAT CAN MY EMPLOYER DO IF I VIOLATE MY NON-COMPETE AGREEMENT?

Your employer has many enforcement tools it can use. They can obtain a “temporary restraining order” that prevents you from working at a new job. They can obtain a money damages against you. They often sue, or threaten to sue, your new employer as well. Do not assume that you can get away with even a minor violation. Contact Rob to schedule a review of your non-compete agreement

AREN'T NON-COMPETES UNENFORCEABLE IN GEORGIA?

Many of our clients believe this. But it’s not true. A properly drafted non-compete is enforceable in Georgia. For many years, Georgia courts adhered to a strict view that resulted in many noncompetes being rejected. This approach has softened, however, and Georgia courts are now more willing to consider and enforce non-competes. The law in this area has become more friendly to employers in recent years, so don’t assume your non-compete or non-solicitation agreement is invalid.

Contact Rob to schedule a review of your non-compete agreement.

HOW CAN I FIGHT MY NON-COMPETE?

Fortunately, there are options available – but you need to contact an attorney quickly. Employers can obtain a “temporary restraining order (“TRO”) restricting you from violating your non-compete agreement almost immediately, and sometimes without you even being present at the court hearing. Rob can fight TRO’s, but only if he has been retained in time. Rob can argue that the non-compete is unenforceable, or that it’s overbroad and should be reduced in scope. Often, the best result for employees and employers is to negotiate a less restrictive agreement. You should always make new or potential employers aware of the fact that you have a non-compete agreement. Rob is experienced in this area, and can help you understand your options and fight for your right to earn a living. Contact Rob to schedule a review of your non-compete agreement.

WHAT CAN MY OLD EMPLOYER DO IF I VIOLATE MY NON-COMPETE?

Your employer has many enforcement tools it can use. They can obtain a “temporary restraining order” that prevents you from working at a new job. They can obtain a money damages against you. They often sue, or threaten to sue, your new employer as well. Do not assume that you can get away with even a minor violation. Contact Rob to schedule a review of your non-compete agreement.

MY NON-COMPETE IS OVER BROAD. DOES THAT MAKE IT ILLEGAL?

No. Georgia is a “blue pencil” state. That means that a court might be able to modify an over  broad non-compete agreement so that it can be enforced. Instead of throwing the non-compete out, the court may simply impose a less restrictive term in place of the over broad term. Contact Rob to schedule a review of your non-compete agreement.

I DON'T REMEMBER SIGNING A NON-COMPETE. SO I DON'T HAVE ONE, RIGHT?

Not necessarily. You might not remember what you signed or how you signed it. Many employees are subject to other restrictions, such as non-disclosure agreements, and all employees have a duty not to unfairly compete or use an employer’s trade secrets. If you are not sure what you can and can’t do, then contact Rob to schedule a consultation.

Contact Rob for Help

To obtain a free case evaluation, please call Rob or complete an online Case Evaluation Form. All responses will be kept strictly confidential.

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