Alpharetta Restrictive Employment Terms Lawyer
Helping Georgia employees in challenging overly broad non-competes
A company may require an employee to sign a non-compete agreement as a condition of working in a particular job. A non-compete is designed to prohibit the employee, upon leaving the company, from working for competitors or opening the same type of business.. But signing a non-compete can be harmful to an employee’s future job opportunities. At the Reddy Law Firm, P.C., with offices in Alpharetta, our knowledgeable employment lawyer counsels Georgia employees about their right to challenge non-competes as overly broad and thus unenforceable.
What makes a non-compete agreement overly broad?
An overly broad agreement is one that is of excessive in duration (generally lasting more than two years), has an unreasonable geographic scope and applies to a wide group of employees regardless of their job levels. All of these factors can make it difficult for a worker to get a new job in their field of expertise. We can review an agreement you are being asked to sign and apply our best efforts in negotiating a more beneficial contract. If you have already signed a non-compete and wish to challenge its enforceability, we will advise you about your remedies.
What are the legal standards for challenging a non-compete in Georgia?
Georgia courts use the standard of reasonableness in enforcing non-compete agreements. That means a non-compete cannot be overly restrictive when it comes to time limitations, geographic territory and what types of actions are restricted. The court will also want to see that the company has a legitimate business reason for the agreement as it applies to the particular employee’s job level and type of work. There have been changes in non-compete law in recent years, including the Federal Trade Commission’s ban on most agreements, which is now being appealed in the federal courts. Our experienced Georgia employment lawyer can find the strongest basis for bringing an effective legal challenge.
Steps employees can take to challenge an overly broad non-compete agreement
Our law firm will carefully examine the agreement in question to determine:
- Whether it is reasonable in scope and duration
- Whether it is reasonable for your particular job
- Whether it meets the basic requirements for contracts in the state
- Whether the agreement sets improper penalties for its violation
We may be able to renegotiate a better contract for you. If this is not possible, filing a legal claim against the unfair contract may be the best step to take. Legal remedies through a claim could result in a judge ordering the non-compete to be modified or even invalidated.
Employer best practices for drafting reasonable non-competes
Employers who wish to have their employees agree to non-competes should observe the following:
- Carefully consider how far the non-compete needs to go to protect the company’s interests.
- Determine whether the agreement reasonably pertains to the particular employee’s job.
- Be specific, clear and as narrow as possible in the provisions.
- Keep in mind that non-competes must balance business protections with employee rights.
- Make sure the agreements conforms with all legal requirements for valid contracts.
When we represent employers, we develop non-competes that fair and reasonable and thus are likely to stand up to legal challenges.
Contact a Georgia lawyer for concerns about restrictive employment terms
Our attorney at Reddy Law Firm, P.C., in Alpharetta, assists Georgia employees who are concerned about signing non-compete agreements that could hurt their future job opportunities and consequently their livelihoods. We also help employees bring legal challenges to such agreements. To arrange a consultation, call us at 678-629-3246 or contact us online.