I signed a non compete agreement in georgia .The agreement states that i will not compete indirectly , directly ,own ,manage , c

Asked about 4 years ago - Peachtree City, GA

control, be employed by any entity enaged in the provision of moving and storage within 100 mile radius of any office of employer or any office of any affiliated company of employer using their trade name. MY QUESTION IS SINCE I WAS NOT AN EMPLOYEE OF THE COMPANY AND I WAS A SALESMEN COMMISION ONLY AND ONLY WORKED THERE FOR ONE MONTH IF I MOVE TO A DIFFERENT STATE AND OPEN UP A OFFICE THAT WILL COMPETE WITH A OFFICE THAT IS DOING BUSINESS UNDERNEATH THE SAME TRADE NAME WILL THEY HAVEA VALID CASE

Attorney answers (3)

  1. Paula Jeanette Mcgill

    Contributor Level 17

    Answered . I would have to see the agreement. The agreement has to be reasonable in its restrictions (time, location, etc.)

  2. Glenn M. Lyon

    Contributor Level 15

    Answered . It really depends on the exact terms of the agreement, including which state law applies. Have a local labor/employment attorney review the entire agreement. If the controlling law is Georgia, it sounds like there may be a decent chance that the non-compete is unenforceable.

    If you would like to discuss any issues further, please feel free to contact my office. The link to my contact information is below. Thank you.

    The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

  3. Terry D. Aronoff

    Contributor Level 11

    Answered . The very end of your question seems to suggest that you intend to use the same name as the name being used by your former employer. Regardless of the noncompete provisions in the agreement you signed, you need to have an attorney advise you as to whether you will be infringing the intellectual property rights of your former employer.

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