Is The Non-Compete I Signed Enforceable?

I live and work in Atlanta GA. The company I worked for is headquartered in NYC. I had to sign a non-compete/non solicit that is based on NY labor laws. Does this non compete apply in Georgia if I go work for a competitor and possibly work the same account as I did with my former employer? Can this non compete invalid because it restricts my right to make a living since the client is asking for me to be assigned to the account?

1 answer  |  asked Oct 13, 2009 1:44 PM [EST]  |  applies to Georgia

Answers (1)

j kl
I cannot answer your question without seeing the agreement. The fact that it apparently states that New York laws apply may or may not be enforceable in Georgia courts. It probably would be enforceable in New York courts. In most cases, Georgia courts would apply Georgia laws. However, if the contract has what is called an exclusive jurisdiction clause (where suit can only be brought in New York, in your case), a Georgia court might refuse to hear the case. Then it would need to be decided in New York, where it is likely that New York laws would apply. This is just the general situation, and a lawyer could only tell you for sure if s/he reviews the actual contract.

As to your other question as to whether it could be enforceable if it restricts your right to make a living, I am afraid that will have little, if any, impact on enforceability.

The foregoing is general information only, not specific legal advice. No legal advice can be given in this situation without a review of the contract itself. No attorney/client relationship has been created or should be implied by anything contained herein.

posted by j kl  |  Oct 13, 2009 2:31 PM [EST]

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