Drafting Enforceable Non-Solicitation Clauses Lawyer in Alpharetta
Georgia firm creates agreements that hold up in court
A non-solicitation agreement is designed to prevent employees who are leaving a company from soliciting other employees or customers to join them at a new enterprise. To be enforceable under Georgia law, an agreement must be reasonable in terms of its duration and geographical scope and as to the subject matter it covers. At The Reddy Law Firm, P.C., in Alpharetta, our lawyer has extensive experience preparing valid non-solicitation contracts to protect the interests of businesses. When you work with us, you can breathe easier knowing that your valued customers and employees will not be lured away.
Key elements of a legally enforceable non-solicitation clause
A non-solicitation clause should include clear and unambiguous language, a reasonable duration and a well-defined area of coverage. The more specific the language, the likelier it is that a Georgia court will uphold the agreement. For example, a specific clause might state that an employee leaving the company is prohibited for one year from soliciting the company’s customers, located within a defined area, with whom the employee had material contact with during their employment. A clause that might be unenforceable if it sets an unreasonable time frame (generally more than two years), is not limited in geographic scope and purports to include all customers of the company. We can help you prepare a contract that is specific and reasonable in its terms.
Balancing business protections and employee rights
Overly restrictive non-solicitation clauses in employment contracts may be modified or even voided by the courts. Best practices for ensuring enforceability include:
- Stating a valid business reason for the agreement
- Clarifying in detail the specific activities that are forbidden and for how long
- Carefully avoiding terms that are overly limiting on the employee
- Seeking legal review of the contract for compliance with state and local laws.
With the guidance of our experienced attorney, you can prepare an agreement that both safeguards your business interests and avoids placing unreasonable restrictions on employees that make it difficult for them to earn a living.
Legal precedents and enforceability in Georgia
Non-solicitation clauses fall under the governance of the Georgia Restrictive Covenants Act (GRCA). In 2023, the state appeals court decided that under the act, clauses must include an express geographic location to be enforceable. The Georgia Supreme Court later overruled that decision, saying that geographic location can be either explicit or implied. Reasonableness in the totality of agreement terms is of prime importance. Different types of employee, such as indirect solicitation through third parties, may be included in the agreement provided they are clearly defined and not overly broad.
Common mistakes to avoid in drafting non-solicitation clauses
Errors that are sometimes made when drafting non-solicitation clauses include:
- Using vague and confusing language
- Imposing excessively long time periods for the ban
- Including restrictions that are overly broad and significantly limit employees’ abilities to continue working in their fields and industries
We will carefully prepare agreements that are tailored to your specific needs and interests and that anticipate possible challenges by departing employees.
Contact a skilled Alpharetta lawyer for guidance on preparing non-solicitation clauses
The Alpharetta employment lawyer at the Reddy Law Firm, P.C., drafts non-solicitation clauses that can hold up to scrutiny in the Georgia courts. Call us at 678-629-3246 or contact us online to arrange a consultation with our attorney.