In certain types of businesses, it is not unusual for an employee to be asked to sign a covenant not to compete against his or her employer, should he or she choose to terminate his or her employment in the future. An employee who chooses to violate such an agreement may find himself or herself the defendant in an Atlanta breach of contract action to enforce the terms of the employment agreement.
Of course, not every such agreement is enforceable in court. Typically, a covenant not to compete must be reasonable in scope and duration, issues that, ultimately, are up to the court to decide.
Facts of the Case
The plaintiff in a recent state court case was a limited liability company that owned a barbershop in Atlanta. The defendant began working as a master barber for the plaintiff’s barbershop in 2015. At first, the defendant was classified as an independent contractor, but, after two of the plaintiff’s employees left to open competing businesses in close proximity to its barbershop, the defendant was asked to sign an employment contract. This agreement contained several restrictions on the defendant’s post-employment activities, should she choose to terminate her employment with the plaintiff.