Often, employers will require employees to sign non-compete or non-solicit agreements. Essentially, a non-compete agreement prevents employees from leaving one company and joining (or starting) a directly competing company. A non-solicit agreement prevents employees from taking employees or customers with them when they leave. These agreements, within a reasonable scope, are valid and legally enforceable. But employers and employees still find themselves in disputes over alleged violations. If you are a business owner or employee and you find yourself involved in a non-compete or non-solicit dispute, our firm is here to help. AB Law has extensive experience representing clients facing non-compete and non-solicit disputes, and the firm stands ready to put that experience to work for you. Contact an Atlanta business litigation lawyer today.
What Terms Are Covered in Non-Compete and Non-Solicit Agreements?
Non-compete agreements typically cover several key terms that outline the scope and enforceability of the agreement. Common stipulations included in these agreements are:
Duration
Specifies the length of time the employee is restricted from competing with the employer or taking customers or employees after leaving the company.
Geographic Scope
Defines the geographic area within which the employee cannot engage in competing activities.
Scope of Activities
Details the specific activities or types of work that the employee is restricted from performing for a competitor.
Consideration
Indicates what the employee receives in return for agreeing to the non-compete/non-solicit terms, such as a bonus or continued employment.
Confidentiality
Often includes provisions that require the employee to maintain the confidentiality of trade secrets and proprietary information.
These terms must be reasonable and not overly restrictive to be legally enforceable. AB Law helps ensure that these agreements are fair and compliant with Georgia law.
What Are Some Common Non-Compete/Non-Solicit Disputes?
Non-compete/Non-Solicit disputes can arise from various situations, often revolving around the interpretation and enforceability of the agreement. Common disputes include:
Reasonableness of Terms
Disagreements about whether the duration, geographic scope, or scope of activities are reasonable.
Breach of Agreement
Claims that an employee has violated the terms of the non-compete by joining or starting a competing business.
Validity and Enforceability
Challenges to the legal validity of the non-compete agreement, particularly if it is deemed too restrictive or not supported by adequate consideration.
Scope of Restricted Activities
Conflicts over the specific activities or roles the employee is prohibited from engaging in.
Confidentiality Breaches
Allegations that an employee has disclosed confidential information or trade secrets to a competitor.
Non-Solicitation Violations
Issues related to the employee soliciting former clients or colleagues despite the non-solicitation clause.
Our Firm Can Represent Your Interests
Facing a non-compete or non-solicit dispute can be daunting, but AB Law is here to represent your interests with dedication and expertise. Our firm can assist you by:
Evaluating the Agreement
Thoroughly reviewing the terms of the non-compete/non-solicit agreement to determine its enforceability and identifying any potential weaknesses.
Providing Legal Counsel
Offering strategic advice tailored to your specific situation, ensuring you understand your rights and options.
Negotiating Settlements
Working to resolve disputes through negotiation and mediation to avoid lengthy and costly litigation.
Litigating Disputes
Representing you in court if necessary, using our extensive litigation experience to advocate for your interests effectively.
Protecting Your Business
Ensuring that your business operations are not unduly affected by the dispute and safeguarding your competitive edge.
Contact a Skilled Business Litigation Lawyer
Don’t face a non-compete or non-solicit dispute without a skilled Atlanta business lawyer in your corner. AB Law is a staunch legal advocate for business owners and employees in Atlanta and throughout Georgia, and the firm stands ready to help you as well. Contact AB Law today.