Employment Law Questions? Ask an Employment Lawyer.
I am sorry to hear about your wife I hope she is feeling better. I would first suggest talking to an employment law attorney to evaluate your possible retaliation claim. I would need to know the terms of your noncompete agreement to determine if it would be redeemed enforceable in Georgia or not. Can you give me some more information about the language in it?
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Thank you for sending the image. No I do not think this would be deemed enforceable because there is no geographic limitations on the scope of the noncompete clause. Although the duration is not an issue but the company cannot stop you from working in your industry across the nation for example.
When did you sign the agreement?
Ok. So I did some research. I asked when you signed the agreement because Georgia Law enacted revisions to their Noncompete laws in 2011 that really departed what many states are doing in this area. If you signed the agreement prior to 2011, then the prior laws apply but if you signed after, then the Georgia statute still says a noncompete of less than 2 years is valid and it does not need to have a geographic limitation.
Your best bet would be to negotiate a release since you need to work to support your wife during this difficult time.
Does the contract specify if Georgia law or Washington law applies? You might want to send me the entire agreement and we can talk via phone for an additional charge.
There is usually a section that says Governing Law and says, This agreement shall be construed in accordance with the laws of (state name)
I did research. If you could send me the agreement, I may be able to provide some better guidance as to what your next steps are. Typically, contracts indicate what state governs the contract. If it says Washington, then you may have a strong basis for challenging the noncompete. Secondly, I think another way to challenge this is that you never received anything in exchange for signing the noncompete i.e. monetary benefit. In contracts especially noncompetes you have to receive something of value.
The main challenge here is that challenging the legality of the noncompete might be very expensive considering the legal costs.
no problem at all.