What is the law in Georgia on covenants not to compete?
These restrictive covenants appear both in employment contracts and in connection with the sales of businesses. Businesses need protection against former employees transferring internal knowledge to competitors. Buyers of businesses want to ensure that sellers do not use specialized knowledge for the benefit of a new or competing business. Georgia law is not in favor of these restrictions and requires them be very carefully drafted in order for them to be enforceable. Although it is somewhat easier to enforce restrictive covenants in the sale of a business, the courts will still look at them carefully. If a covenant is not drafted correctly, the court will not enforce it. Mr. Cohen has substantial experience with these covenants, having drafted them both for business sales and for employment agreements. You should never sign an agreement containing these provisions without first having your attorney review it.
