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If the business name on my non-compete agreement isn't technically the legal name, is the non-compete still enforceable?

Duluth, GA |

For example if the legal name is Greener Grass Lawn Service, inc, but my non-compete is listed as Greener Grass, inc, is it still enforceable or does the error make it null and void?


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Probably still enforceable if you knew or reasonably should know that the two businesses are, in fact, one and the same. About 3-4 years ago the GA General Assembly amended the statute governing restrictive covenants in employment contracts, making them much easier for employers to enforce, and much easier for courts to modify them to make them enforceable. So, while it may make sense for you to have an attorney review the document for a formal legal opinion, my guess is that it is still enforceable, even with the technically incorrect name.

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This misnomer does not necessarily invalidate the non-compete. Contracts are usually construed consistent with the intent of the parties, if that can be proven. Assuming you intended not to compete with Greener Grass Lawn Service, Inc., it may be enforceable. You might want someone to look at the agreement itself and advise you.


While the misnomer may not impact the enforcement of the non-compete, there are other considerations that may impact it. A non-compete generally must be limited to a reasonable geographic scope and to a reasonable period of time. The analysis of the non-compete will be heavily dependent on the law governing the non-compete. I encourage you to contact a Georgia contract attorney to discuss the scope and validity of the non-compete.

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