Non-competition and Non-solicitation Agreement

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Non-competition and Non-solicitation Agreement

The dilemma I’m facing is in regards to an editorial contract. Under a non-competition and non-solicitation, the contract reads that for a period of 5 years following a possible termination, I cannot

Asked on January 31, 2017 under Employment Labor Law, Georgia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

There are various restictions on such agreements. such as who can subject to such an agreement, the activities to be to be covered, the geographic scope and duration of the restriction, etc. Specifically, regarding the legth of a non-compete, GA courts will consider whether it is “reasonable”. So, for example, if a covenant being enforced against a former employee is 2 years or less it is presumed to be reasonable but more than 2 years is preumed to be unreasonable but exceptions vcam be made. For a fuller explaination or your rights, you should consult directly with an employment law attorney in yor area. After reveiwing your non-compete and hearing all of the details of your sitution, they can best advise you further.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

There are various restictions on such agreements. such as who can subject to such an agreement, the activities to be to be covered, the geographic scope and duration of the restriction, etc. Specifically, regarding the legth of a non-compete, GA courts will consider whether it is “reasonable”. So, for example, if a covenant being enforced against a former employee is 2 years or less it is presumed to be reasonable but more than 2 years is preumed to be unreasonable but exceptions vcam be made. For a fuller explaination or your rights, you should consult directly with an employment law attorney in yor area. After reveiwing your non-compete and hearing all of the details of your sitution, they can best advise you further. 


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