Are Non Solicitation Agreements Enforceable in Georgia

Non-solicitation agreements are commonly used in employment contracts to prevent employees from soliciting or poaching clients or customers from their former employer. Generally, a non-solicitation agreement is a contract that prohibits a former employee from soliciting the business of customers or clients of their former employer for a certain period of time after leaving the company. These agreements are used to protect the company`s client base and maintain client relationships.

If you are an employee in Georgia, you may be wondering if non-solicitation agreements are enforceable in the state. The answer is yes, non-solicitation agreements are generally enforceable in Georgia. However, there are certain limitations on the enforceability of these agreements.

Georgia law states that non-solicitation agreements must be reasonable in scope and duration in order to be enforceable. This means that the agreement must be tailored to protect the legitimate interests of the employer, and not unnecessarily restrict the former employee’s ability to work in their chosen field. Non-solicitation agreements that are overly broad or unreasonable in scope or duration may be deemed unenforceable by a court.

Additionally, Georgia courts will consider the circumstances under which the non-solicitation agreement was signed. If an employee is forced to sign a non-solicitation agreement as a condition of employment or under duress, the agreement may be deemed unenforceable.

It is important to note that non-solicitation agreements are different from non-compete agreements, which are also commonly used in employment contracts. Non-compete agreements prohibit an employee from working for a competitor in a certain geographic area for a certain period of time after leaving their current job. In Georgia, non-compete agreements are generally enforceable, but like non-solicitation agreements, must be reasonable in scope and duration.

In conclusion, non-solicitation agreements are enforceable in Georgia as long as they are reasonable in scope and duration and are not signed under duress. Employers should ensure that their non-solicitation agreements are carefully drafted to protect their legitimate business interests without overly restricting the former employee’s ability to work in their field. Employees should carefully review any non-solicitation agreements they are asked to sign and seek legal advice if they have any questions or concerns.