When an employee violates a Non-Compete Agreement (NCA) — by joining a competitor, stealing a client base, or opening an identical business — the damage to the employer can be colossal. However, enforcing this right in Georgia is one of the most challenging legal processes. Courts often sympathize with the employee as the "weaker party," so the employer needs irrefutable evidence and a strong legal strategy to force the former employee to cease the violation and compensate for damages. "Non-Compete Enforcement" is a service aimed at protecting the employer's legitimate interests through judicial and non-judicial means.
Litigation specialists presented on the Legal.ge platform offer services related to NCA enforcement. This includes:
- Investigation of Violations: Gathering evidence (e.g., email correspondence, client testimonies, social media) proving that the former employee is engaged in competitive activities.
- Drafting Cease and Desist Letters: Sending an official demand to the former employee and their new employer to stop the violation before going to court.
- Filing a Lawsuit: Demanding the payment of contractual penalties and compensation for damages incurred.
- Interim Measures (Injunctions): Applying to the court to temporarily prohibit the former employee from performing specific actions until the dispute is resolved.
- Settlement Negotiations: Resolving the dispute through compensation or modification of terms.
Enforcement services are needed in situations such as: a hair salon stylist leaves and takes 50% of the clients, despite the salon paying them compensation for a non-solicitation ban. Or, an IT project manager moves directly to a competitor and uses the former employer's strategic plans. Quick reaction is critical in such times. The first step is often warning the new employer that they are hiring an employee with restrictions, which could make them jointly liable.
Success in enforcement in Georgia depends on two factors: 1) Was the contract drafted in compliance with the Labor Code (compensation, 6-month limit)? and 2) Can the employer prove actual damage or the fact of violation? The Civil Code provides for the possibility of imposing contractual penalties, which is often more effective than proving the exact amount of damages.
The process begins with an analysis of the situation. The lawyer assesses whether it is worth starting a dispute (Cost-benefit analysis). If the violation is clear and the contract is valid, legal proceedings begin. The main goal is often not so much to recover money, but to set a precedent for other employees and stop the leakage of information.
On Legal.ge, you will find lawyers who will help you protect what you have built. Enforcement is a message that your business takes its assets and agreements seriously.
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