In the state of GA, Can an employer force a non-compete co after firing you?
-Can the non-compete be longer than employment?:
No non-compete or contract in place during 15 months of employment. Then, a Severance/Termination Contract was presented with Non-Compete terms for 2 years. That includes employment by client company, industry verticals, and starting my own business to attract those clients.
This seems excessive for a $20k payoff.
Byron’s answer:
Georgia law places fairly stringent requirements on such non-compete agreements in order for them to be enforceable. The agreement must be reasonable in geographic coverage, time of restriction, and activities restricts. What constitutes "reasonable" can vary depending on the circumstances and the interactions of the geography, time limit, and restricted activities within the agreement.
As this is a complicated (and changing) area of law in Georgia, it would be advisable for you to consult with an attorney experienced in dealing with restrictive covenants under Gerogia law.
DISCLAIMER: Please note that this response is not intended to and shall not create an attorney-client relationship with Briskin, Cross & Sanford, LLC or Byron M. G. Sanford, Esq. and are not intended to address the particular situation or circumstances identified int he question to which this response is offered. This response is not intended to serve as legal advice or counsel and is offered solely for educational purposes. Also note that I am licensed to practice law only in the state of Georgia. The information contained in this post is not intended to address any issues which may arise under the state or federal laws applicable to any state other than the state of Georgia.
My wife is filing for divorce and says she doesn't want any ownership of my business.:
Is there a document/contract/form I she can sign and get notarized? The urgency is that we have great opportunities available to us in the business that can't wait until the divorce is final.
Thanks
Byron’s answer:
I would simply add that, contrary to another attorney's answer, a signed agreement between the parties may be helpful in establishing your wife's disclaimer of any interest in your business. Such and agreement, however, is not the full solution. As others have pointed out, any final disposition of marital property (which may include your business) should be addressed in the final decree of divorce issued by the Court handling your divorce. This can most easily be accomplished by means of a property settlement agreement which can then be filed with the Court and incorporated by reference into the final decree.
This is by no means the only way to handle this issue, but is perhaps the most straighforward. In any event, it would be wise to consult with an attorney experienced in Georgia family law to ensure that this issue is handled properly and that there are no loss ends remaining as to the ownership of you business as a result of your divorce.
DISCLAIMER: Please note that this response is not intended to and shall not create an attorney-client relationship with Briskin, Cross & Sanford, LLC or Byron M. G. Sanford, Esq. and are not intended to address the particular situation or circumstances identified int he question to which this response is offered. This response is not intended to serve as legal advice or counsel and is offered solely for educational purposes. Also note that I am licensed to practice law only in the state of Georgia. The information contained in this post is not intended to address any issues which may arise under the state or federal laws applicable to any state other than the state of Georgia.
Confused: Im a student, just started my own buisness and of course its more money being put into it than what im getting out of it. But to make matters worse, someone finds me to be their competition now and tells their clients not to use me. I was approached before by this person and was told directly that I was not allowed to work with his clients ....Even though his clients never sign contracts stating that they are to not use other companies....So to stay out of court I simply turned down potential clients out of fear. I made sure to save any direct contact they have made with me about using my service. Now I get accused of odd slander that i wouldnt even know of, when I dont communicate with anyyyyy of his clients...and have saved any transcripts involving him to prove it. what do I do????
Byron’s answer:
As a general matter, a competitor has no right to prevent you from from doing business with its clients (unless there is some sort of non-compete or non-solicitation agreement between you and the competitor).
Likewise, if you competitor believes that you committed slander, it is incumbent up him to prove it.
Under circumstances such as you have described, the simplest solution is to simply continue doing business with anyone you choose and ignore your competitor's threats unless he can demonstrate that you have improperly interfered with his business relationships. If he continues to harass or threaten you in some way, you can consider obtaining a restraining order against him if his contact with you is repeated and disruptive.
If on the other hand, he begins to interfere with your relationships with your clients or active business prospects, it may be possible to bring a suit against your competitor for tortious interference with your business relationships.
DISCLAIMER: Please note that this response is not intended to and shall not create an attorney-client relationship with Briskin, Cross & Sanford, LLC or Byron M. G. Sanford, Esq. and are not intended to address the particular situation or circumstances identified int he question to which this response is offered. This response is not intended to serve as legal advice or counsel and is offered solely for educational purposes. Also note that I am licensed to practice law only in the state of Georgia. The information contained in this post is not intended to address any issues which may arise under the state or federal laws applicable to any state other than the state of Georgia.