Frequently Asked Questions

What is the current status of non-compete agreements under Georgia law?

Currently, Georgia’s constitution contains strong language against restrictive contracts against trade, putting strong non-compete agreement on difficult footing. Referred to as a refusal to “blue-pencil,” Georgia courts are known to not modify overly restrictive non-competes to make them enforceable.

When is the vote on the constitutional amendment on non-compete agreements?

The vote on the referendum will be November 2, 2010.

Why is a constitutional amendment necessary for the Georgia Assembly’s law to go into action?

Previously, Georgia’s Supreme Court has declared a similar statute unconstitutional under Article III of the Georgia Constitution. Thus, legislators have proposed an amendment by referendum to prevent HB 173 from being struck down in the courts.

Is the referendum on amending Georgia’s constitution regarding non-compete agreements likely to pass?

Polls have shown support for the amendment. House Bill 173, the legislation regarding non-compete agreements, passed in Georgia’s congress with bipartisan support.

Who can I talk to about how the new law will affect me?

Contact attorneys at the IchterThomas firm here.