Alpharetta Non-Solicitation Agreements Attorney
Georgia law firm helps companies protect their business interests
Non-solicitation agreements are aimed at protecting businesses from losing employees or customers to former employees or competitors who might otherwise try to recruit them. At The Reddy Law Firm, P.C., in Alpharetta, we draft enforceable non-solicitation agreements and represent businesses in related disputes. Our nationally recognized attorney has over 30 years of experience advising Georgia businesses in employment matters.
What is a non-solicitation agreement?
Non-solicitation agreements entered into between employers and employees prohibit the latter from trying to attract colleagues or customers to follow them when they’ve separated from their employment. Non-solicitation agreements are distinguishable from non-compete agreements, which forbid former employees from working in the same kind of business for a specified time period and in a specific geographic range. They are also different than non-disclosure agreements, which place restrictions on divulging confidential company information.
Key provisions in a non-solicitation agreement
A well-crafted non-solicitation agreement includes provisions that define the following:
- What actions constitute solicitation
- Customers and/or employees the agreement applies to
- Geographic range of non-solicitation
- Length of the non-solicitation period
- Consequences for a breach
Our knowledgeable employment lawyer prepares non-solicitation contracts uniquely tailored to the needs of each business that are fair, reasonable, and enforceable.
Are non-solicitation agreements enforceable in Georgia?
The key to the enforceability of non-solicitation agreements in Georgia is that their terms must be clear and not overly broad or restrictive. The following are examples of terms that may make agreements unenforceable:
- Restrictions on the solicitation of all employees, even those with whom the former employee had no working relationship
- Excessive duration of restrictions after the end of the business relationship
- Prohibitions on indirect solicitations, such as networking or referrals
- Application to unrelated businesses outside the scope of the former employer’s operations.
- Geographical scope that goes beyond the areas where the company operates
Note that the Georgia Supreme Court has held that the geographic scope of these agreements can be either explicit or implied as long as they are reasonable for the total circumstances. We are available to review your existing agreements to ensure they are up-to-date and enforceable.
Benefits and risks for employers and employees
For companies, non-solicitation agreements are valuable tools to protect their business relationships and their confidential information. However, if these agreements are overly restrictive, they can limit job opportunities and future career growth for employees. It is prudent to construct an agreement that does not impose onerous terms that could lead to future litigation. In addition, the agreement should be transparent in its terms and be prominently labeled, so that there is no doubt that the employee understands it. Our experienced employment lawyer can review the agreement to provide clarity and to revise the terms as necessary to ensure its enforceability.
Contact a respected Georgia non-solicitation agreements lawyer for assistance
At the Reddy Law Firm, P.C., in Alpharetta, we draft non-solicitation agreements that meet legal requirements for reasonableness and enforceability. Call our firm today at 678-629-3246 or contact us online to schedule a consultation.