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Managed IT Services Non-Compete in Georgia, do I have any options?

Augusta, GA |

I currently work for "Managed Services Provider" in Georgia. I have always wanted my own business. That, and because of many differences in opinion with my current employer, I want to start my own company. I signed a non-compete in 2010, before Georgia passed their new non-compete laws.

It says "I understand and agree that during my employment with the Company and for a period of one year after the termination of my employment with the company, I will not, anywhere within 35 miles of [Company Address], compete with Company by working for myself or others to provide information technology systems maintenance, repair or troubleshooting for commercial accounts".

Am I out of luck? I would not be considered a "key" or "professional" employee under the new law. Does that apply to me in anyway?

Attorney Answers 2


The enforceability of a covenant not to compete in Georgia is too complicated to advise a client over this website. Covenants predating the new law are difficult to enforce because if any portion of the agreement was unenforceable - the whole covenant was unenforceable. If this is important to you, which it sounds like it is, you should contact an attorney and let him or her read the agreement. An experienced employment attorney should be able to sit down with you, review the contract and advise you in less than an hour. Many law firms, including this firm, would be willing to schedule an appointment for this purpose. Good luck.

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First, the new law does not apply to old contracts. Second, the old law requires that a covenant not to compete be reasonable in three areas: Duration, Georgraphical Limits and Scope. Georgia courts have routinely held 2 years to be a reasonable duration. The questions in your case is whether the extremely wide geographical area is reasonable. In addition, the scope would be unreasonable if it prevents you from doing anything for a competitor that you have never done for the first employer. These are the types of questions that are worthy of a good legal consultation. is a good source to find employment lawyers in Georgia.

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