Non-competition clauses: Current legislation requires that a non-competition clause comply with a standard of adequacy of time, scope and territory to be respected. The new law amends these standards. Perhaps one of the most common fatal errors in the development of these clauses was deafness or lack of specificity in the definition of a limited area. If a restricted area was not closely adapted to the area in which the worker worked, if no particular area had been defined or defined so that it could change over time, it could be declared unenforceable, which would result in disqualifying a non-requirement clause in the same agreement. Under the new law, employers now have much more latitude to define limited territory, including the ability to assess the worker`s future territory. Under the legislation, the term “the territory in which the worker works at the time of dismissal” or a similar language “is considered sufficient as a description of geographical areas,” provided that the worker can “reasonably determine the most appropriate possible level of limitation at the time of dismissal.” It is important that the new statutes limit existing non-competitive evidence to four categories of workers: 1) sales agents; 2) Key personnel; 3) some experts; or 4) manager, since these terms are defined more precisely in the statute. A contract that prevents any employee who does not fall under one of the above categories from competing after termination is not applied. Finally, the new law addresses the adequacy of the limited time limit and stipulates that any period of two years or less is considered appropriate. More than a third of U.S. staff are bound by a confidentiality agreement (NDA) to their company. NDAs can force employees not to talk about everything from trade secrets to sexual harassment and sexual assault, and they have grown more and more as companies become increasingly concerned about competition and reputation. It is important, as an employee, to understand what your employer is asking you to sign.
For more information on NDAs and the workplace, see below: What can happen after breaking the terms of an NDA may depend on what is written in your agreement. Take a look at the agreement you signed, the information it carries and the consequences of a violation of the agreement. In practice, many companies are not due to NDA violators, as this may draw even more attention to an often monstrous problem in the workplace. However, it is also likely that your employer will be able to claim a breach of contract and take legal action against you. While the development of a restrictive confederation applicable in Georgia was once a delicate task, such a nuance should no longer be necessary to achieve a certain degree of application. The rigid “all-or-nothing” approach, which was the hallmark of application (and absence) in Georgia, has been replaced by the more forgivable “blue pencil” standard, which allows a court to effectively rewrite an alliance that is too broad to reduce its scope.