covenant not to compete in Georgia,fired after only 3 weeks?

Question

i worked for a company in the landscape industry,i am very knowledgeable in the field ,i surpassed most in that company,in the hard times of finding jobs i went back to what i knew ,landscaping,after a week at the company i was presented with the document stating "after leaving for 36 monthes i could not do any work in the field of landscaping and within 35 miles of the city limits "i live in the city ,i am wondering if presented to a lawyer if its able to break ,i mean 3 weeks with them it sounds like they are jugarnauting the little man,let alone the bs the director told me why i was let go

Answer 1

its a standard no competition clause...so it would probably hold up but only if they had some trade secrets that no one else in landscaping posses...that would be the only reason to have that and the only way that it could hold up.

Answer 2

I don't think the 3 years will fly in court. Most non-compete clauses are for 18 months to 2 years. I could agree if the time period was shorter, to keep you from making deals while working for them and setting up business at the same time. Another reason is that landscaping is different than other businesses that may have "trade secrets" or a certain way of getting/keeping business.

Answer 3

Well, this article states that non-compete covenants are not too popular with Georgia courts.

http://atlanta.bizjournals.com/atlanta/stories/2003/10/27/smallb4.html

Of note is that Georgia will not pick and choose which non-compete provisions are acceptable and which are not. For instance, if the "35 mile" provision is too broad, then the entore non-compete agreement is void. The court will not rewrite "35 miles" to "10 miles," to make the agreement reasonable and therefore enforceable.

Answer 4

Most and I stress the word most, of the time these "no competing" agreements are not worth the paper they are written on. I would seek the advice of a lawyer to be sure.

Answer 5

If you signed the document, I think you are screwed. A lawyer could look at the particulars of the covenant and tell you how you might find a way around it.

Answer 6

They told you that you couldn't work in that field in that city for 3 years??? That's crazy. Maybe they meant you weren't eligable for rehire with them for 3 years. Remember, you can never sign-away your rights.