The validity of a covenant not to compete or other restriction in an employment agreement can be the focus of an Atlanta employment lawsuit. Typically, the employee urges the court to find that the agreement was not valid for a particular reason, such as being overly broad in its terms.
The employer, by contrast, tends to advocate for a finding that the employee is bound by the terms of the agreement, regardless of their scope. As in most disputes between employees and employers, the issue will likely be decided by a state or federal court judge if the parties are unable to resolve the matter between themselves.
Facts of the Case
In a recent case, the plaintiff was a man who began working for the defendant asset management firm in 2008. At the time that he was hired, the plaintiff signed an employment agreement. In 2010, the plaintiff signed a new employment agreement, which superseded the 2008 agreement. Several restrictive covenants were contained in the 2010 agreement, including a non-compete clause, a prohibition on soliciting or hiring the defendant’s current or former employees, and a prohibition on soliciting certain entities who had done business with the defendant.