Non-compete and other associated clauses within employment and business agreements often become hot-button issues upon the termination of an employment or business relationship.
Non-compete clause enforcement is very fact-specific due to the competing interests of the employer protecting its business relationships vs. the interests of the employee (and society) in the employee being gainfully employed. The employer seeking to protect its business interests may have over-reached in its initial documentation; and, while non-compete agreements are enforceable in Georgia, they must be reasonable with respect to duration, scope, geography, legitimate business purpose, and other factors. Whether an employee is seeking to void an agreement or an employer is seeking to enforce an agreement, Battleson Law can help.
With respect to non-solicit, non-disclosure, and trade secrets matters, often times employees will take company property when they leave a firm or business. With today’s technology and data formats, this is rather easy to do. Other employees may solicit customers or other employees of their former employer as they seek to compete. Under these scenarios, the employer has fairly strong protections against this activity, in particular if the employee signed an agreement. Again, the scope and reasonableness of the agreement and the alleged behavior will determine the outcome in most instances.
Given that employers may be permanently damaged by a departing employee’s activities, employers can be afforded equitable remedies (e.g., temporary restraining orders, injunctions, etc.) which may bar an employee from starting a competing business or working for a specific employer.
Engaging Battleson Law to assist in protecting your business or defending against an overly-aggressive employer will allow the firm to provide you with the advice you need to take advantage of the most favorable options. Contact us immediately upon recognizing that a dispute is on the horizon. We may be able to avert serious consequences by early involvement in a matter, and the earlier we know the issues and facts, the better positioned you will be if we are not able to resolve the matter without litigation.