What Is a Noncompete Agreement?

A noncompete agreement is a legal contract that restricts competitive activity after leaving an employer. Employers use these agreements to protect trade secrets, confidential information, client relationships, and other business interests.

In Georgia, only certain types of employees, generally involved in sales or are key employees can be subject to non-compete agreements. Further, courts enforce noncompete agreements that are reasonable in duration, geography, and scope. If  courts find the agreement to be unreasonable, the court may modify the restrictions to make them reasonable. However, you should never assume that unenforceable clauses are safe to ignore.

Noncompete agreements often include additional restrictive clauses, such as non-solicitation agreements and confidentiality clauses, which can further limit your career options. Understanding all these elements before resigning is essential.

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What to Review Before Signing a Noncompete

The best time to protect yourself is before you sign. Once the agreement is signed, your options may be limited.

Duration of the Restriction

Most noncompete agreements last between one and two years, though some extend longer. Even a one-year restriction can significantly impact your earning potential and career trajectory.

Geographic Scope

Some agreements are limited to a city or state, while others may be nationwide. Remote workers or employees with national client bases should pay extra attention to the geographic restrictions.

Scope of Work Prohibited

Many agreements restrict working in a “similar capacity” or industry. While this may seem narrow, it could prevent you from working in your chosen field entirely. The best time to avoid overly restrictive covenants is when they are being negotiated as part of an overall compensation package. 

Client and Employee Restrictions

Non-solicitation clauses prevent you from contacting former clients or recruiting former coworkers. Even seemingly harmless actions, like sending LinkedIn messages, can violate the agreement.

Contacting a law firm like Caldwell, Bridgers & Benjamin before signing a noncompete can protect your career. Our attorneys identify overly broad restrictions, explain enforceability under Georgia law, and help negotiate terms that preserve your future opportunities. Early legal guidance ensures you understand your rights and obligations before committing to any contract.

How to Protect Yourself Before Resigning

When planning to resign, taking strategic steps can reduce legal risk.

• Review Your Employment Agreement Thoroughly – Include amendments, side agreements, and bonus documents. Restrictions often appear in multiple places.

• Avoid Copying or Transferring Confidential Data – Even unintentional actions can be viewed as violations of trade secret laws or confidentiality restrictions.

• Delay Client Announcements – Premature communication about your departure can lead to claims under non-solicitation clauses.

• Consult an Attorney – Lawyers can review your noncompete, explain your rights, and create a safe transition plan.

Taking these precautions ensures that you can leave your current role without exposing yourself to lawsuits or injunctions.

What Happens if You Violate a Noncompete?

Employers may act quickly if they believe a noncompete has been breached. Common consequences include:

• Court injunctions preventing employment at a competitor

• Prohibitions on contacting former clients

• Orders to return company property or information

• Legal damages and attorney’s fees

Litigation moves fast, and without legal representation, you may face serious financial and professional consequences.

Negotiating Noncompete Agreements

You may have more leverage than you realize. Many employers are willing to negotiate:

• Reduced duration of restrictions

• Limited geographic scope

• Narrower prohibited activities

• Written permission to contact specific clients

An attorney from Caldwell, Bridgers & Benjamin can draft negotiation letters, request clarifications, and structure agreements that minimize conflict and protect your career.

When to Seek Legal Advice

Contact an attorney if you:

• Plan to join a competitor

• Are starting your own business

• Face broad restrictions in your contract

• Receive threats of legal action from your employer

• Need interpretation of an old noncompete

The sooner you consult an attorney, the better you can protect your career and minimize risk.

Do not wait until after a dispute arises. A proactive review of your noncompete agreement can prevent lawsuits, financial loss, and career interruptions.

Contact Caldwell, Bridgers & Benjamin today to review your contract, understand your rights, and create a safe, legally sound plan for your next career move. Protect your career before you resign.