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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Employment Law
Satisfied Customers: 2130
Experience:  Practicing Attorney with 10 years experience
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I work in ga and my company is headquartered inWashington. I

Customer Question

I work in ga and my company is headquartered inWashington. I was fired from my job within the 90 day timeframe for what I believe was retaliation by my manager. I have a non compete. Is it enforceable? I am in the sales field. My wife is dealing with a cancer diagnosis and this non compete will make it hard for me to find a job. Thanks in advance for your help.
Submitted: 12 months ago.
Category: Employment Law
Expert:  Asad Rahman replied 12 months ago.

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?

Customer: replied 12 months ago.
image1.jpegI am not interested in publizing the name of the company. If I missed any, please do no disclose. Thanks.
Expert:  Asad Rahman replied 12 months ago.

Your image did not come through can you try uploading it again

Customer: replied 12 months ago.
Expert:  Asad Rahman replied 12 months ago.

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.

Customer: replied 12 months ago.
Are you able to provide a use case where NDA was not enforced based on non geographical reasons?
Expert:  Asad Rahman replied 12 months ago.

When did you sign the agreement?

Customer: replied 12 months ago.
The agreement was signed 3/27/16. Start date 3/28 and terminated 6/28
Expert:  Asad Rahman replied 12 months ago.

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.

Customer: replied 12 months ago.
Sorry for so many questions, but does the law apply to where I reside or where the company is headquarted? In this case, they are headquartered in Washingon state
Expert:  Asad Rahman replied 12 months ago.

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.

Customer: replied 12 months ago.
The contract does not specify a region but the header has company address of Washington.
Expert:  Asad Rahman replied 12 months ago.

There is usually a section that says Governing Law and says, This agreement shall be construed in accordance with the laws of (state name)

Customer: replied 12 months ago.
I expected research and confirmation with clarity to my question upon initial contact. It appears you conducted some research upon additional follow up. But, my confidence is shaken at this time. Where does this leave us
Expert:  Asad Rahman replied 12 months ago.

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.

Customer: replied 11 months ago.
Sorry, I had an an emergency with my wife.
I still have a few questions and will try to respond later today.
Expert:  Asad Rahman replied 11 months ago.

no problem at all.