§ 1. Governing Statutory & Common Law Authority
The enforceability of non-competition agreements in Georgia is governed by O.C.G.A. § 13-8-53 et seq.. Georgia's 2011 constitutional amendment and enabling statute made non-competes significantly more enforceable. Courts apply a reasonableness standard.
§ 2. Compensation Threshold Requirements
Georgia does not impose a minimum salary threshold for non-compete enforceability. This means non-competes may be enforced against employees at any income level, including hourly and part-time workers.
§ 3. Temporal Limitations on Post-Employment Restrictions
Georgia limits enforceable non-compete duration to 24 months from separation. 2-year maximum by statute. Agreements exceeding this cap may be subject to judicial modification or voided entirely.
§ 4. Judicial Modification (Reformation Doctrine)
Georgia follows the reformation doctrine, granting courts broad authority to rewrite overbroad non-compete terms. This is the most employer-favorable approach — even a poorly drafted agreement may be reshaped into an enforceable restriction.
§ 5. Consideration & Contract Formation
Continued employment or other consideration. Whether this is legally sufficient — especially for agreements presented mid-employment rather than at hiring — is frequently contested.
§ 6. Effect of Involuntary Termination
Enforcement possible even after termination, but courts may consider circumstances. Courts may apply heightened scrutiny when the employer initiated the termination, particularly for termination without cause or mass layoffs.
Practitioner Notes
2011 constitutional amendment was a major shift toward employer-friendly non-compete law.