After months of confusion, it is now official: Georgia has a new – and valid – noncompete law. The law will apply only to noncompete agreements entered into on or after May 11, 2011, and will permit Georgia courts to reform overly broad noncompete agreements to make them more reasonable, and therefore enforceable. (Previously, the courts were constrained to tossing out the entire agreement if found to be unenforceable in any respect.)
So, what should you do? If you’re an employer, review your existing agreements and determine whether it is advisable to enter into a new one. (It likely is.) If you’re an employee, you should think long and hard about whether you want to sign on to a new noncompete. Either way – employer or employee – you should speak to counsel familiar with this specialized area of law.