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Employment Contract › Restrictive Covenants › Georgia

FordHarrison

"In Any Capacity" Language Dooms Georgia Non-Compete Provision

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Prior to the enactment of Georgia’s Restrictive Covenant Act (“GRCA”), Georgia courts uniformly struck down non-compete provisions that used “in any capacity language”, i.e., a non-compete that prohibited an employee from...more

Littler

Georgia’s Restrictive Covenants Act Does Not Require That Restrictive Covenants Contain Express Geographic Restriction

Littler on

In June 2023, the Georgia Court of Appeals held in North American Senior Benefits, LLC v. Wimmer that an employee non-solicitation covenant must contain an express geographic limitation to be enforceable. On September 4,...more

Seyfarth Shaw LLP

Georgia Signals Greater Leeway in Revising Overbroad Non-Competes

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In a recent decision, the Eleventh Circuit seemed to approve a more forgiving standard for reviewing restrictive covenants. Courts generally have three colors in their markup kit for restrictive covenants. The first—and most...more

FordHarrison

Noncompete News: The More Things Change, the More They Remain the Same: Georgia Supreme Court Addresses Choice of Law Provisions...

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Historically, Georgia courts have declined to apply another state’s law to determine whether to enforce restrictive covenants against a Georgia employee, regardless of whether the agreement stated that another state’s law...more

Seyfarth Shaw LLP

Georgia Maps Out New Requirement for Employee Non-Solicits

Seyfarth Shaw LLP on

On May 11, 2011, Georgia passed the Restrictive Covenants Act, which made enforcing employee restrictive covenants far easier than it was under Georgia common law. In an odd twist, a law that Georgia intended to make it...more

Arnall Golden Gregory LLP

Georgia Court of Appeals Curtails Enforceability of Employee Non-Solicitation Provisions: What Does This Mean for Your Business?

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A recent decision by the Georgia Court of Appeals could have implications for your ability to enforce post-separation, employee non-solicitation covenants on your former employees. Under the Georgia Restrictive Covenants Act...more

Jackson Lewis P.C.

Georgia Court of Appeals Invalidates Employee Non-Solicitation Provisions Without Geographic Limits

Jackson Lewis P.C. on

Amid the recent backlash to restrictive covenants across the country, a Georgia Court of Appeals has held that employee non-solicitation provisions must include a geographic limit to be enforceable. North American Senior...more

Fisher Phillips

Georgia Employers Must Act Now as Recent Court Decision Potentially Invalidates Most Employee Non-Solicitation Covenants

Fisher Phillips on

The Georgia Court of Appeals just made it significantly more difficult for employers to enforce employee non-solicitation provisions, which might require you to take immediate action to protect your company’s interests in...more

FordHarrison

Noncompete News Alert: Applying the "Janitor Rule," a Georgia Court Strikes Down "In Any Capacity" Non-Compete

FordHarrison on

Prior to the enactment of Georgia’s Restrictive Covenant Act (“RCA”) in May 2011, Georgia courts uniformly held void and unenforceable “in any capacity” non-compete provisions in the employer-employee context. “In any...more

FordHarrison

Non-Compete News: Georgia Court Holds Non-compete and Non-solicit of Employee Provisions With Missing Territory Unenforceable and...

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Earlier this year, in Steuer v. Tomaras, et al., Georgia’s Statewide Business Court again refused to modify certain restrictive covenants that were missing a territory. Dr. Steuer, a former partner of the defendant doctors,...more

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