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Non-Compete Defense

Is my non-compete clause valid if I get no extra pay?

No. Under Georgian Labor Code, post-employment non-compete clauses are generally void unless the employer pays compensation (usually equal to your salary) during the restricted period.

How long can a non-compete last in Georgia?

The restriction period typically cannot exceed 6 months after the termination of employment. Any clause stipulating a longer period (e.g., 2 years) is likely unenforceable.

Can I work for a competitor if my contract forbids it?

If the contract clause does not meet statutory requirements (e.g., lack of compensation), you can likely work for a competitor. However, you must still respect confidentiality obligations and trade secrets.

Can my employer sue me for joining a rival?

They can file a lawsuit, but to win, they must prove the non-compete clause was legally valid and compensated. A lawyer can help get such a lawsuit dismissed.

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Non-Compete Agreements (NCAs) often become a subject of intense dispute between employers and employees. Many employers try to include clauses in contracts prohibiting former employees from joining a competitor or starting a similar business. However, in many cases, these terms are illegal or void because they violate the fundamental human right to work. "Non-Compete Defense" is a service aimed at protecting employees whose career development is unfairly restricted by employers or who are threatened with fines for moving to a competitor.

Labor law attorneys presented on the Legal.ge platform offer qualified defense in disputes related to non-compete restrictions. Services include:

  • Contract Analysis: Examining the employment contract to determine if the "non-compete" clause meets the strict requirements of the Labor Code of Georgia (e.g., the obligation to pay compensation).
  • Demanding Invalidity: Seeking to declare illegal terms void through court proceedings or negotiations.
  • Defense Against Penalties: Protecting against employer demands for contractual penalties or damages.
  • Negotiation with Former Employers: Mitigating or canceling terms so that the employee can move to a new job without obstacles.
  • Strategic Consultation: Advice on how to leave a job without violating lawful obligations (e.g., confidentiality).

Defense against non-compete restrictions is particularly relevant for sales managers, IT specialists, and top managers. For example, a sales director wants to move to a competitor company for better conditions, but the old employer threatens a lawsuit based on a contract clause prohibiting them from working in the industry for 2 years. If the employer did not pay special compensation for this restriction, this clause is likely void. A lawyer will help you prove this fact and avoid legal persecution.

According to the Labor Code of Georgia (Article 42), post-employment non-compete restrictions are permissible only if: a) the restriction period does not exceed 6 months; b) the employer pays the former employee compensation during the restriction period (at least the amount of the salary); c) the restriction is reasonable in terms of territory and profession. If these conditions are violated, the restriction is invalid. Lawyers use these exact legislative levers to protect your rights.

The process begins with a detailed audit of the contract. If it turns out that the condition is illegal (which is common in Georgia), the lawyer prepares an official letter to the employer. In many cases, this is sufficient to withdraw claims. If the employer goes to court, the lawyer ensures your representation and protection of interests.

Legal.ge allows you to find lawyers who will defend your right to free labor. Do not let a former employer illegally hinder your career advancement.

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