Reasonableness test
Georgia Non-Compete Law (2026): Enforceable if narrowly drafted
Georgia decides noncompete disputes under a statute rather than pure common law, and that statute is friendly to employers who draft with discipline. A covenant survives if the worker holds one of four qualifying roles and the time, territory and prohibited activity are reasonable, with two years the presumptively safe post-employment window. Courts will trim an overreaching clause, but as the 2025 Herzig decision shows, they will let a badly drafted one fail rather than rebuild it.
The rule
How Georgia treats non-compete agreements
The 2024 Wimmer ruling is regularly overread. It removed a formal pleading trap - the absence of an express territory no longer kills a covenant automatically - but it left the substantive geographic reasonableness inquiry fully intact, and Herzig showed months later that Georgia appellate courts are still willing to void overbroad restrictions outright.
If you are an employer
You get generous presumptions and limited judicial editing, so confine the restriction to the actual work the employee performed - blanket 'in any capacity' language is now a known way to lose the whole clause.
If you are a worker
A Georgia noncompete probably binds you if you sold, managed, or handled confidential information, but sweeping language about any role at any competitor is a genuine vulnerability worth raising.
| Classification | Codified reasonableness under the Restrictive Covenants Act |
|---|---|
| Pay threshold | None. Georgia screens by job function rather than pay: under O.C.G.A. s. 13-8-53(a) a noncompete binds only a worker who customarily solicits customers, customarily makes sales, holds management responsibility over a business unit, or performs professional, key-employee or confidential-information duties. |
| Maximum term | The Act sets presumptions instead of hard ceilings. Two years or less after employment ends is presumed reasonable for an employee (O.C.G.A. s. 13-8-57(b)); three years or less for a distributor, dealer or franchisee; five years or less where the covenant accompanies the sale of a business. Anything beyond those windows is not automatically void but must be justified. |
| Notice or consideration | The covenant has to be in writing and signed. Georgia imposes no waiting period, no attorney-consultation advisory, and no separate consideration beyond the employment relationship itself. |
| Primary statute | O.C.G.A. ss. 13-8-50 to 13-8-59 (Georgia Restrictive Covenants Act) |
Detail
What has changed, and what is still moving
Legislation 2024–2026
Georgia's framework has not been amended since the Restrictive Covenants Act took effect in 2011 on the strength of a 2010 constitutional amendment. No noncompete legislation was enacted in the 2024, 2025 or 2026 sessions, and the movement in this area has come entirely from the appellate courts.
Bills to watch
No significant restrictive bills pending.
Leading cases
North American Senior Benefits, LLC v. Wimmer, 319 Ga. 641 (2024) - the Act does not demand an express geographic term, though the covenant must still be geographically reasonable on the whole record. All States AG Parts, LLC v. Herzig (Ga. Ct. App. 2025) - a covenant barring work for a competitor 'in any capacity' is unreasonable and the court will not rewrite it. Belt Power, LLC v. Reed, 354 Ga. App. 289 (2020) - modification may narrow a covenant but never tighten it.
If you have one in hand
What can make a non-compete unenforceable in Georgia
- The scope is wider than the interest behind it. A restriction that reaches beyond the customers, trade secrets or goodwill the employer can actually point to is the most common reason a covenant fails in Georgia.
Whether any of these applies turns on the wording of your own agreement, your role and the case law your court follows. This page maps the statutory landscape; it does not replace advice on a specific contract.
FAQ
Georgia non-compete questions
Are non-compete agreements enforceable in Georgia?
Georgia decides noncompete disputes under a statute rather than pure common law, and that statute is friendly to employers who draft with discipline. A covenant survives if the worker holds one of four qualifying roles and the time, territory and prohibited activity are reasonable, with two years the presumptively safe post-employment window. Courts will trim an overreaching clause, but as the 2025 Herzig decision shows, they will let a badly drafted one fail rather than rebuild it.
How long can a non-compete last in Georgia?
The Act sets presumptions instead of hard ceilings. Two years or less after employment ends is presumed reasonable for an employee (O.C.G.A. s. 13-8-57(b)); three years or less for a distributor, dealer or franchisee; five years or less where the covenant accompanies the sale of a business. Anything beyond those windows is not automatically void but must be justified.
Is there a minimum salary for non-competes in Georgia?
No. Georgia sets no income floor, so pay alone does not decide whether a covenant binds you. The test is whether the restriction goes further than the employer's legitimate interest requires in time, geography and scope of work.
What notice or consideration does Georgia require?
The covenant has to be in writing and signed. Georgia imposes no waiting period, no attorney-consultation advisory, and no separate consideration beyond the employment relationship itself.
Sources
How this entry was checked
- Primary source. O.C.G.A. ss. 13-8-50 to 13-8-59 (Georgia Restrictive Covenants Act) — the statutory text itself.
- Secondary sources consulted. O.C.G.A. tit. 13, ch. 8, art. 4, Littler, Kilpatrick Townsend, Jackson Lewis, FordHarrison, Seyfarth Shaw.
Check it against a third party
None of these is ours. If a figure here matters to a decision, verify it:
- Federal Trade Commission — non-compete hub
- Economic Innovation Group — State Noncompete Law Tracker
- Fair Competition Law (Beck Reed Riden) — 50-state legislation tracker
- GAO-23-103785 — Noncompete Agreements (May 2023)
This page is general legal information published by Jurizmo and is not legal advice, does not create an attorney-client relationship, and may not reflect amendments enacted after the review date above. Consult a licensed attorney in the relevant state before acting on any agreement.