Restrictive Covenants, Non-Compete Agreements and
Non-Solicitation Agreements
Employers who wish to contract with their employees, often request or require the employee to sign a written agreement which restricts his or her ability to compete in the same business as the employer, to solicit the employer’s customers, and/or to solicit the employer’s other employees. These agreements often contain terms or language that can contractually bind you, not only during the term of your employment, but even after your employment ends. Therefore, it is vitally important that you have a full understanding of these terms as well as their enforceability.
Non-compete agreements
In the typical non-compete agreement, the employer will restrict the employee from engaging in a competing business during his employment, and for a certain period of time after his employment ends. If properly drafted, these agreements are legally binding and can have a major effect on the employee’s ability to secure alternative employment.
Non-solicitation agreements
In the typical non-solicitation agreement, the employer will seek to restrict the employee from soliciting the employer’s clients for anything other than the employer’s business. These agreements also often seek to restrict an employee from soliciting other employees to leave the employer to work for another business.
If you have signed an employment agreement or are considering signing an agreement, or if you are an employer who would like the protections of a non-compete or non-solicitation agreement, it is important that you consult with an attorney who has current knowledge of employment laws and how they can help or harm you. Please contact us for more information.
Lowe & Schoolar, P.C. is located in downtown Savannah, Georgia and serves clients throughout southeast Georgia, including Chatham, Effingham, Bryan, Bulloch, Liberty, McIntosh and Glynn County.
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