in Georgia if you are fired, or if you quit - and you have signed a very restrictive non-compete clause agreement...can you really NOT work in your chosen field in the city you live?? I can see the company not wanting you to take their business clients or take trade secrets but to not even let you take another job in your same career??? IS this really legal?? Before the agreement is signed what can be done to work with the employer to lighten up!??
2007-08-10 13:26:18 · 4 answers · asked by Debi 2 in Business & Finance ➔ Careers & Employment ➔ Law & Legal
The other answer is right on, but I might add one more thing... state laws vary from state to state, but one common theme among non-competes is that they can't be so restrictive so as to keep someone from making a living... so even though it is a legal and binding agreement... often, employers push the terms to be borderline legal (and sometimes overboard) in hopes they don't get challenged... if you are in a specific "niche" industry in which your skills are not easily transferable, then you might have a chance... however, employers also know that when it comes down to it - it often becomes a game of who has the deepest pockets - which is usually the employer...
Some of the areas (besides a niche industrustry) that are often successfully challenged by employees are geographic region (i.e. within a 50 mile radius might be reasonable, but not an entire state; the timeframe of 2 years could be restrictive in some...)
Get a referral to a good attorney and suck up the consult fee if it's something that you really might want (or need) to challenge at some point. Whatever you do, don't get some crackpot attorney who "dabbles" in employment law.
Good luck!
2007-08-10 14:55:46 · answer #1 · answered by thealphafemme 3 · 0⤊ 0⤋
They have given you knowledge and experience. Their way of doing things is something they need to protect. There is no way to prevent you from sharing secrets or clients and just saying they were found out a different way.
The purpose of a non-compete is more than just protecting secrets and clients. They would have a different clause if that was what they wanted. When you work for your competitor and are good, then you are taking away from them and giving their competitor a leg up.
Keep in mind it doesn't mean you can't do a similar job -- for example, I work with legal software. I wouldn't be able to work with another legal software company, but I may be able to work for a hardware company, or a banking software company without being in competition.
If you want to have an attorney look at the legal document before you sign it, you can certainly ask to do that if you are unsure of the legal ramifications of signing it. But they have the right, at any time, to let you go.
2007-08-10 13:52:10 · answer #2 · answered by Anonymous · 1⤊ 1⤋
If it's that restrictive, it probably isn't enforceable. They can't force you to move, and can't prevent you from earning a living. Invest $200 or so in a lawyer and have them read it.
2007-08-10 14:57:31 · answer #3 · answered by open4one 7 · 0⤊ 0⤋
If you signed this contract for the sake of employment, one might consider your, rather than their, motives.
2007-08-10 17:23:40 · answer #4 · answered by Anonymous · 0⤊ 1⤋