Customer and Employee Non-solicitation Clause
(GA)

This is a Customer and Employee Non-solicitation Clause (GA) that can be used alone or added to an employment or non-compete agreement. It is intended for private employers. This Customer and Employee Non-solicitation Clause (GA) has been customized to comply with Georgia law. As a result, the text of this template differs from the non-jurisdictional Customer and Employee Non-solicitation Clause. The drafting notes and alternate clauses address issues under both Georgia state law and non-jurisdictional law. IMPORTANT NOTE: On April 23, 2024, the FTC issued its final rule prohibiting new non-compete agreements with all workers. The rule provides that existing non-compete agreements with senior executives remain in force, and existing non-competes with all other workers are not enforceable. The term "senior executive" means a worker who makes more than $151,164 and who is in a "policy-making position." The final rule is set to become effective 120 days after publication in the Federal Register, but it is being challenged in court, including by the U.S. Chamber of Commerce. For more information on the FTC's final rule, see Fact Sheet on the FTC's Noncompete Rule. For a full listing of key content covering restrictive covenant considerations, see Restrictive Covenants Resource Kit. For information on Georgia law concerning customer and employee non-solicitation clauses, see Restrictive Covenants (GA). For information on customer and employee non-solicitation clauses generally, see Customer and Employee Non-solicitation Agreements: Key Negotiation, Drafting, and Legal Issues. For information on restrictive covenant laws in other states, see Non-competes and Trade Secret Protection State Practice Notes Chart and Non-competes and Trade Secret Protection State Expert Forms Chart