Workers are more mobile than ever, with most people working multiple jobs over the course of their careers. At times, they may become a critical part of a business with access to sensitive information like trade secrets or client lists.
In an effort to avoid competition, some businesses ask new employees to sign non-compete agreements. These contracts generally prevent you from working in the same field in a certain geographic location after leaving a position. These agreements are not always enforceable, especially when the terms are unfair. An Atlanta non-compete agreement lawyer could help you challenge the limitations in these unreasonable documents. The employment attorneys at Feldman Legal Group are ready to help.
What is a Non-Compete Agreement?
A non-compete agreement is a contract that restricts a person’s right to work in their chosen profession. It is typically signed when starting a new job and applies after that person leaves the organization. In general, it restricts a person from competing with their past employer. There are important limits on the scope of these contracts, specifically how long they last. The contract typically applies geographical limitations as well.
When disputes arise over these contracts, it is important to rely on the guidance of experienced legal counsel. An attorney could be invaluable in reviewing the terms of an Atlanta non-compete agreement and determining if it is valid under state law.
When are Non-Compete Agreements Legal?
There are a few important considerations when it comes to determining if a judge will enforce a non-compete agreement under state law. First, it must meet the basic requirements of a contract and be supported by consideration. Consideration means that each side must exchange something of value. This usually involves agreeing to the terms of the agreement in exchange for an employment offer or raise.
Each contract must also be reasonable, which applies to different aspects of the terms. For example, they are limited when it comes to how long an agreement lasts or what geographical area it applies to. If the terms are unreasonably stringent, a judge may refuse to uphold them.
Finally, there must be a valid business interest for this arrangement, like protecting trade secrets or confidential information. A court will not uphold an agreement that is punitive in nature. An Atlanta attorney could review a non-compete agreement to determine if it is legal.
Litigating These Contracts
Some workers are surprised to face lawsuits after they leave their previous employer and remain in the same industry. Often, companies will attempt to apply overly broad contract terms in an effort to stifle competition. An Atlanta non-compete agreement attorney could help with these conflicts in a number of ways.
First and foremost, a lawyer could evaluate the terms of the document to ensure the language conforms with the previous employer’s representations. The next step for an attorney is evaluating the language to investigate if the agreement is enforceable under the law.
There are times when conflicts can be resolved without the need for costly, drawn-out lawsuits. Companies often send cease and desist letters before filing a lawsuit, and an attorney could prepare a formal response. It may be possible to address these challenges and avoid litigation entirely.
Talk to an Atlanta Non-Compete Agreement Attorney Right Away
If you have been accused of violating the terms of a non-compete agreement, now is the time to discuss your options with legal counsel. It may be possible to avoid litigation entirely with the help of an Atlanta non-compete agreement lawyer. Call today to learn more.