Where could I locate a non-compete and non-solicitation document that I could customize and have employees of a Georgia-based business agree to and be bound by?
Answer:
Non-compete, non-solicitation, and confidentiality agreements or separate clauses in employment agreements are common in hiring situations. However, it is important to note that a number of considerations can affect whether a non-compete agreement is a lawful and binding contract, including state and local law which varies as to the terms and enforceability of non-compete agreements, the scope of the restrictions, precedents set in court decisions, and a variety of other factors. As a general rule, non-compete agreements are enforceable under the proper circumstances, but the enforceability of a non-compete agreement depends on the language of the agreement and the circumstances in which the agreement was executed. The factual circumstances of every case are different and require independent analysis to determine the enforceability of such agreements. While typical considerations are the right of an individual to earn a living and the individual’s ability to protect confidential business information, you will need to clarify with your lawyer the legality of any non-compete agreement for your particular situation. For discussion with your lawyer, you can review articles on enforceability and other issues with non-compete agreements, including recent changes enacted under Georgia law, at the following websites:
Georgia Legal Discussions:
- Non-Compete Q&A: georgia-lawyer.info
- New Non-Compete Law Should Assist Franchisors’ Enforcement Efforts: dlapiper.com
- Georgia Law on Non-Competition Agreements: mckennalong.com
- Understanding and Responding to Georgia’s New Non-Compete Law: sgrlaw.com
-
General Non-Compete Discussions:
- How Restrictive Can Non-Compete Agreements Be? labor-employment-law.lawyers.com
- Non-Compete Agreements: members.tripod.com
-
-
Non-compete and non-solicitation provisions can be covered in separate agreements or incorporated into other agreements, such as an employment or independent contractor agreement; however, for drafting purposes, you can find sample agreements and provisions with an Internet search (some free and some for a fee). The following are examples:
- Confidentiality, Non-Competition, and Non-Solicitation Agreement: siop.org
- Employee Non-Compete Agreement: ilrg.com
- Non-Competition Forms: onecle.com
- Employee Non-Compete Agreement Form: lectlaw.com
- Business Forms: uslegalforms.com
-
Links and references to sample and template documents have been provided pursuant to your request. Templates and sample documents can be very useful but businesses should exercise caution in the use of such documents. Understand that not all templates are created equal, with many being created for a narrow set of requirements. A particular template will not be warranted to cover every provision that may be required by a particular set of business circumstances. Studying the language included in various samples and templates will improve your level of understanding related to the subject of your particular agreement and may help you articulate your business objectives related to an agreement, but be aware that many, perhaps most, agreements should be prepared by your lawyer to provide greater assurance that your interests have been protected.
Non-compete, non-solicitation, and confidentiality agreements or separate clauses in employment agreements are common in hiring situations. However, it is important to note that a number of considerations can affect whether a non-compete agreement is a lawful and binding contract, including state and local law which varies as to the terms and enforceability of non-compete agreements, the scope of the restrictions, precedents set in court decisions, and a variety of other factors. As a general rule, non-compete agreements are enforceable under the proper circumstances, but the enforceability of a non-compete agreement depends on the language of the agreement and the circumstances in which the agreement was executed. The factual circumstances of every case are different and require independent analysis to determine the enforceability of such agreements. While typical considerations are the right of an individual to earn a living and the individual’s ability to protect confidential business information, you will need to clarify with your lawyer the legality of any non-compete agreement for your particular situation. For discussion with your lawyer, you can review articles on enforceability and other issues with non-compete agreements, including recent changes enacted under Georgia law, at the following websites:
I would like to know how to register my business as a woman-owned business on a national and state level.
How do I set up an internship program for students to receive credit for school and gain the experience they need before entering the actual work place?