Can an agreement regarding where you can work after leaving your previous job be legally enforced??

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Can an agreement regarding where you can work after leaving your previous job be legally enforced??

I recently quit working at a nail salon. However, I had to sign a contract (notarized) stating that I could not work within a 20 mile radius for the next 2 years, meaning I have to go out of town to work. There are rumors saying that it does not hold up in court.

Asked on October 5, 2010 under Employment Labor Law, Georgia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

What you have is known as a non-compete agreement and each state handles them differently.  It is my understanding that Georgia does not look too highly on the agreements and that most are found to be invalid for being overly broad.  Yours sounds like it may fit right in to that category.  And under Georgia law if one of the provisions is found to be invalid then the entire agreement is found to be invalid.  Bring your agreement to an employment attorney in your area to review.  See what he or she says.  See if he or she will write a letter to your ex-employer based upon their determination as to the validity (I am betting that it will be easily invalidated). Understand that if you do get a job in the area now that your ex-employer may sue (but I doubt it).  Good luck.


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