Legal Tweet Meet Show (4/12): Non-Compete Agreements: Don’t Do Draft It On Your Own!

4/12/12: Non-Compete Agreements: DON’T DO IT ON YOUR OWN!


IT’S TIME FOR…Legal Tweet Meet! Every Thursday from 8-9 pm EST, provided by Kendrick Law Practice ( #legaltweetmeet

I am your host for tonight’s show and Founder of KLP, @Dar’shun Kendrick. Thank you for joining us tonight for #legaltweetmeet.

Who’s checking in this evening?! If you are, mention us at let us know your location in Georgia for tonight’s #legaltweetmeet show!

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

DISCLAIMER 1: KLP is only authorized to practice law in Georgia. Therefore, our advice is limited to the State of Georgia. #legaltweetmeet

DISCLAIMER 2: We only practice business law so we can’t help you with personal legal matters. Sorry L #legaltweetmeet

DISCLAIMER 3: These #legaltweetmeet Questions and Answers DO NOT create an attorney-client relationship.

PROCESS: Direct message a question and I will “tweet” the response without mentioning your name #legaltweetmeet

PROCESS:  OR Mention @kendricklaw and ask your question and I will RT then immediately answer. #legaltweetmeet

The hashtag for our Legal Tweet Meet is #legaltweetmeet.

Be sure to join us on other social media for advice to help keep you “IN business and OUT of Court”. #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


The Show

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

ALRIGHT! Now it’s time for the 2nd half of #legaltweetmeet that is an OPEN FORUM to ask me any questions. #legaltweetmeet

Remember you can mention @kendricklaw or DM us for answers to your questions. #legaltweetmeet

Match your question number (Ex. Q5) to my answer number (Ex. A5). #legaltweetmeet

READY…SET….GO! How can KLP help you make or save money through competent legal and business advice and counseling? #legaltweetmeet


THANK YOU ALL for attending KLP’s Legal Tweet Meets. Join us next week and BRING A FRIEND for our  #legaltweetmeet Thursday from 8-9 pm.

NEXT SHOW: April 19th– “Introduction to Common Business Contract Terms.” #legaltweetmeet

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Need a POWERFUL 30 minute business consultation, including legal advice?  Visit #legaltweetmeet

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KLP is here to keep you “IN business and OUT of Court” so visit us at for how! Good Night Everyone! #legaltweetmeet


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