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I hope so. I recently was fired from a company and I want to…

I hope so. I...

I hope so. I recently was fired from a company and I want to start my own business of the same. I did sign a non-compete clause in the state of Georgia and I was wondering what if any legal steps I can take to call off his attornies? Thanks

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Georgia

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time commissioned salesman

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have already spent money on a website and an office and furniture, etc. The company sells a patented system that I would not be selling. It is the waterproofing business and they only sell 1 product where I would sell a wide variety of solutions.

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11/14/2017
Ely
Ely, Counselor at Law
Category: Employment Law
Satisfied Customers: 103,213
Experience: Years of experience in running a medium sized law firm.
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Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

I am sorry to hear about this situation.

Georgia will enforce a non compete only if the following is true: that the non-compete protects a legitimate business interest and be reasonable in terms of time, geographical area, and the scope of activity to be restrained

One has really three ways to get out of the non-compete:

1) Simply engage in the work. The risk is that the old company will sue for the breach under the non-compete, in which case one can use the affirmative defenses explained above (i.e. saying it is too broad under GA law). There is a risk that you'd lose, however;

2) File for a declaratory judgment under § 9-4-2 prior to engaging in this work. This is a type of case where one asks the Court to clarify the rights/duties of parties under the law for a contract. The positive is that this has one be the Plaintiff, so there is less risk of being seen liable as no work has yet been performed. The con is that if one loses and the court upholds the non-compete, one may be liable for the old company's legal fees; or

3) The final option is negotiation, where one asks the old company to simply lift the non-compete.

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Ely
Ely, Counselor at Law
Category: Employment Law
Satisfied Customers: 103,213
Experience: Years of experience in running a medium sized law firm.
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Category: Employment Law
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