Are Non Solicitation Agreements Enforceable In Georgia
Employers may soon receive some relief. The Georgian legislature has passed a new law (OCGA 13-8-56) containing principles to determine the adequacy of restrictive alliances in future cases. See Ga. L. 2009, 231. By this order, Parliament recognizes that restrictive agreements in employment contracts serve to protect legitimate business interests. However, the statute will only come into force if a change to the Georgian constitution is approved by voters in the November 2010 parliamentary elections. See ga L. 2009, 231, No. 4. Employers should review their current agreements with restrictive agreements to ensure that they do not pose fine-type problems. If you have any questions regarding the protection of business information, including using restrictive agreements in Georgia, please contact Jackson Lewis` lawyer, with whom you work regularly.
3. My employees signed competition and non-recruitment contracts a few years ago. Is there any reason to give them a new sign? Trujillo v. Great Southern Equipment Sales, LLC., was indicted by Great Southern against Trujillo, a former employee, for alleged violation of the restrictive agreements found in Trujillo`s employment contract with Great Southern. Great Southern, a company that had mostly offloaded from the sale of transportation equipment, put Trujillo as a salesman. In this role, Trujillo received workplace training from the President of Great Southern, lists of Great Southern customers and the introduction to many of the company`s customers and suppliers. Trujillo signed a „confidentiality and agreement agreement“ with separate non-injunction and non-competition clauses. Two years after its shutdown, Trujillo resigned from its sales position. A few days after her resignation, she began working for a competing company.
Great Southern was informed by several of its clients that Trujillo solicited her for the same type of business they had handled over Trujillo when she worked for Great Southern. Great Southern filed a complaint, and the next day, the court granted Great Southern`s request to sue Trujillo, which prevented it from competing with Great Southern and asked its customers. After a formal hearing, the court found that the „confidentiality and agreement agreement“ was enforceable and issued a referral order that prevented Trujillo from competing with Great Southern and recruiting its clients. The court also ordered Trujillo to return all the property of the Deep South in their possession. Our law and health practice in Atlanta and Augusta, Georgia, advises and represents physicians, medical practices, FQHCs, other public health companies and other companies and professionals regarding the enforcement of non-competition obligations, non-invitations, disclosure agreements and related competition restriction agreements. Whether a certain restrictive confederation is „opposable“ is not always clear and can often be associated with significant legal uncertainty, which inevitably strongly influences the development of an appropriate strategy for one of the parties for a dispute over whether certain activities violate the federal state.