4/12/12: Non-Compete Agreements: DON’T DO IT ON YOUR OWN!
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The Title of Today’s Show is “Non-Compete Agreements: Don’t Do It On Your Own”. #legaltweetmeet.
You will be able to ask questions AT THE END of the presentation so STAY TUNED! #legaltweetmeet
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Are you ready to learn some information to help keep you “IN business and OUT of Court”? Here we go! #legaltweetmeet
Non-compete agreements (or covenants not to compete) prevent past employees and others from directly competing with former employers. #legaltweetmeet
You may be tempted as a business owner to draft your own non-compete agreements; after all, you’ve built up your business. #legaltweetmeet
BUT DO NOT DO IT! Non-compete agreements are tricky to draft and most courts don’t like enforcing them because they restrain employment. #legaltweetmeet
They key to drafting a valid and enforceable non-compete agreement or clause is SPECIFICITY and RESTRAINED TERMS. #legaltweetmeet
Only a lawyer that has dealt with these types of agreements can help you navigate these agreements; don’t sign or draft without one. #legaltweetmeet
A few things you should know about non-compete agreements and clauses BEFORE you sign or think about presenting to your employees. #legaltweetmeet
FIRST: These agreements/clauses must pass a 3 part “test”- They must be limited in TIME, SCOPE and LOCATION. #legaltweetmeet
Note that ALL of these must be limited in order for the agreement or clause to be enforceable. #legaltweetmeet
SECOND: Georgia now allows for “blue penciling” which means that a Judge can revise the agreement if one part is too broad. #legaltweetmeet
Before, if ANY portion of the 3 part test failed, the WHOLE provision failed. Now that is not the case. #legaltweetmeet
THIRD: Non-compete agreements/clause must provide clarity with other provisions in the agreement. #legaltweetmeet
For example, you must define what a “client” is or what “geographical location” means, perhaps by providing a map. #legaltweetmeet
My point is that you don’t want a Judge or jury to hold that one portion of your non-compete clause or agreement is invalid. #legaltweetmeet
Otherwise, a judge or jury could be revising YOUR non-compete clause to something that would render it useless. #legaltweetmeet
Obtain competent legal counsel to make sure this is not the case. #legaltweetmeet
DISCUSSION QUESTION: Can I clarify or explain more about a specific businese entity? #legaltweetmeet
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