Georgia enforces non-compete agreements under the Georgia Restrictive Covenant Act, O.C.G.A. § 13-8-50 to § 13-8-58 (enacted in 2011). The statute provides a clear framework for enforceability, making Georgia a moderately employer-friendly state for non-competes. Georgia courts will modify (blue-pencil) unreasonable non-competes to make them enforceable rather than voiding them entirely. If you’ve signed a non-compete in Georgia, understanding the statutory requirements and Georgia courts’ willingness to modify agreements is essential.
The statute requires non-competes to be in writing, signed, and based on a legitimate business interest. Georgia courts are generally willing to enforce reasonable restrictions, but they scrutinize whether the employer truly has a protected interest that justifies the restriction.
Key Facts
| Factor | Details |
|---|---|
| Enforceability | Enforceable if meeting statutory requirements |
| Maximum Duration | 2 years |
| Income Threshold | None |
| Blue-Pencil Available | Yes, courts will modify to enforce |
| Garden Leave Required | No statutory requirement |
What Makes a Non-Compete Enforceable in Georgia
-
Legitimate Business Interest: Under O.C.G.A. § 13-8-53, the employer must have one of the following protectable interests: (a) trade secrets, (b) substantial relationships with prospective or existing customers, (c) substantial relationships with prospective or existing employees, (d) confidential business information, or (e) substantial goodwill associated with the business or professional practice.
-
Reasonable Duration: The time restriction cannot exceed 2 years from the date of termination or the end of the contract.
-
Reasonable Geographic Scope: The restricted territory must be reasonable in scope and extent. For sales representatives, Georgia law presumes a 75-mile radius is reasonable.
-
Reasonable Scope of Prohibited Activity: The restriction must be limited to the scope of the employer’s legitimate business interest.
-
Written and Signed: The non-compete must be in writing and signed by the employee.
-
Employee Had Access: The employee must have had access to or become familiar with the employer’s trade secrets, confidential information, or customer relationships.
Income Thresholds and Worker Exemptions
Georgia does not impose a minimum income threshold for non-compete enforceability. All employees, regardless of salary, can be subject to enforceable non-competes if the agreement meets the statutory requirements under O.C.G.A. § 13-8-50 et seq.
No statutory carve-outs exempt particular professions. However, Georgia law requires the employer to prove actual access to protectable information, which may be easier to establish for some positions than others.
What Happens If You Violate One
If you violate an enforceable Georgia non-compete, your employer can seek an injunction to stop you from competing. Georgia courts grant preliminary injunctions in non-compete cases when the employer shows likelihood of success and irreparable harm. An injunction can force you to stop working for the competitor immediately.
Your employer can also sue for monetary damages, including lost profits and attorney’s fees. Georgia courts may award reasonable attorney’s fees and court costs in non-compete disputes. The practical consequence is that you could be out of work and facing significant legal costs while litigation proceeds.
Real Situations in Georgia
A business development professional in Atlanta signed a non-compete under O.C.G.A. § 13-8-50 et seq., restricting her from working for competing firms within 50 miles of Atlanta for 2 years. When she left to work for a competitor, her former employer sought an injunction. The court found the non-compete reasonable and enforceable. She was barred from the new position for 2 years.
A sales representative for a specialty manufacturing company in Savannah signed a non-compete with a geographic scope of “within 75 miles of Savannah” for 2 years. When he left to work for a competing manufacturer, his former employer sued for breach. Under O.C.G.A. § 13-8-54, Georgia presumes a 75-mile radius is reasonable for sales representatives. The court enforced the non-compete as written.
A software engineer in Alpharetta signed a non-compete with a 3-year duration and statewide geographic scope. When she left to start her own software company, her former employer sought enforcement. The Georgia court found the 3-year duration exceeded the 2-year statutory maximum and the statewide scope was overly broad for a company with operations only in the Atlanta area. The court blue-penciled the non-compete to 2 years and a 50-mile radius around Atlanta, and enforced the modified restriction.
Common Mistakes Georgia Employees Make
Not checking the specific statutory requirements. Georgia law is detailed. Make sure your non-compete meets the statutory test under O.C.G.A. § 13-8-50 et seq. If it fails any requirement, you have arguments for unenforceability.
Forgetting about the 75-mile presumption for sales representatives. If you’re a sales representative and your non-compete restricts you within 75 miles, Georgia presumes it’s reasonable. Don’t assume a 75-mile restriction is unreasonable; it likely will be enforced.
Failing to negotiate before signing. Georgia employers expect negotiation on non-competes. Before signing, ask to reduce duration, narrow geographic scope, or limit prohibited activities. Many will agree if you ask.
What to Do If You Have a Non-Compete
-
Obtain and Read Your Agreement: Locate your non-compete and read it carefully. Verify that it’s in writing and signed. Note the duration, geographic scope, scope of prohibited activities, and the stated legitimate business interest.
-
Check Whether It Exceeds 2 Years: If your non-compete restricts you for more than 2 years, it violates the statutory cap. You can challenge this, though courts will likely blue-pencil rather than void it.
-
Determine Your Position and Access: If you’re a sales representative, know that Georgia presumes 75-mile restrictions are reasonable. If you’re in another role, assess whether you truly had access to trade secrets or customer relationships the non-compete claims to protect.
-
Consult a Georgia Employment Attorney: Before changing jobs, bring your non-compete and job offer to an attorney. For $250–$450, you can get a clear assessment of enforceability and legal risk.
-
Attempt to Negotiate a Release or Modification: Contact your former employer or ask your prospective new employer to negotiate a release or modification. Many Georgia employers will waive restrictions if the new position is outside their core business or if sufficient time has passed.
State Bar of Georgia Lawyer Referral Service: www.gabar.org/findlegalhelp (or call 1-800-334-6865)
Related Guides
Disclaimer: This article provides general educational information about Georgia non-compete law under O.C.G.A. § 13-8-50 et seq. (the Georgia Restrictive Covenant Act). Enforceability depends on specific facts and how courts apply the statute in your situation. If you are bound by a Georgia non-compete or considering accepting a position that might violate one, consult a licensed Georgia employment attorney immediately. Laws change, and this article reflects the law as of March 2026.