Executive Summary: Georgia’s recent Restrictive Covenant Act, enacted in 2011, does not directly address non-solicitation of employees a/k/a non-recruitment covenants, thereby leaving such provisions subject to the principles developed by courts through “common law” (i.e. case law). Because Georgia common law is not well developed on the requirements of employee non-solicitation covenants, employers often second guess the enforceability of such covenants. Fortunately, the Georgia Court of Appeals recently provided some clarification on these covenants in CMGRP, Inc. v. Gallant, No. A17A1168 (Ga. Ct. App. Oct. 4, 2017), where it made clear that non-solicitation of employees covenants do not require geographic or material contact limitations to be enforceable.
Home > State Law Articles > Georgia > Human Resources (GA) > Non-Compete News: Georgia Court of Appeals Confirms Lack of Geographic or Material Contact Limitation Does Not Invalidate Non-Solicitation of Employees Covenant