Georgia Non-Compete Agreements Under the Restrictive Covenants Act
Since 2011, Georgia has enforced non-compete agreements under the Georgia Restrictive Covenants Act (O.C.G.A. § 13-8-50 et seq.). The Act broke from Georgia's historically hostile common law and now lets courts modify ("blue-pencil") overbroad covenants instead of striking them entirely.
AI-generated draft for review. Not legal advice. Starting at $19.
Legal Requirements in Georgia
The covenant must be in writing and signed by the parties (O.C.G.A. § 13-8-53(a)).
The restraint must be reasonable in time, geographic area, and scope of prohibited activities, judged in light of the employer's protectable business interest (O.C.G.A. § 13-8-53(a)).
Post-employment non-competes are enforceable only against defined categories of workers — e.g., those who customarily solicit customers, make sales, manage, or are key/professional employees (O.C.G.A. § 13-8-53(a)).
A geographic description is permitted to be expressed using general terms; the Georgia Supreme Court has held an express geographic restriction is not strictly required (O.C.G.A. § 13-8-53(c)).
Courts may modify an overbroad restraint and grant only the relief reasonably necessary to protect the legitimate interest while honoring the parties' original intent (O.C.G.A. § 13-8-54).
Time-based restraints of two years or less against a former employee are presumed reasonable; more than two years is presumed unreasonable (O.C.G.A. § 13-8-57).
Key Statutes & Regulations
- O.C.G.A. § 13-8-53 — Enforcement of covenants; writing requirement; covered persons; time and geographic limitations (2024)
- O.C.G.A. § 13-8-54 — Judicial modification of restrictive covenants (2024)
- O.C.G.A. § 13-8-56 — Presumptions of reasonableness in time, geographic area, and scope (2024)
- O.C.G.A. § 13-8-57 — Two-year durational presumption for former-employee covenants (2024)
- O.C.G.A. § 13-8-51 — Definitions under the Restrictive Covenants Act (2024)
Common Pitfalls
- •Drafting a covenant against an employee who does not fall within O.C.G.A. § 13-8-53(a)'s enumerated categories, rendering it unenforceable as a non-compete.
- •Relying on Florida-style total reformation — Georgia courts narrow or strike, but generally will not rewrite a covenant by supplying entirely new terms.
- •Setting durations beyond two years for employees without strong justification, triggering the statutory presumption of unreasonableness.
- •Confusing the looser rules for non-solicitation and confidentiality covenants with the stricter standards that apply to true non-competes under the Act.
Local Terminology
- Restrictive Covenants Act (GRCA)
- Georgia's 2011 statute, O.C.G.A. § 13-8-50 et seq., that governs and generally favors enforcement of reasonable non-compete, non-solicitation, and confidentiality covenants.
- Modification / blue-pencil
- The court's statutory authority under O.C.G.A. § 13-8-54 to narrow or strike an overbroad restraint and grant only the relief reasonably necessary.
- Material part of a business
- A sale-of-business threshold under the Act that triggers more lenient durational presumptions for seller non-competes than apply to employee covenants.
How Georgia Differs
Unlike pre-2011 Georgia common law (which was notoriously anti-enforcement), the GRCA now expressly authorizes judicial modification of overbroad covenants.
Georgia's blue-pencil power is narrower than Florida's reformation — courts may strike or narrow unreasonable terms but generally may not add new terms the parties never agreed to.
Statutory rebuttable presumptions (e.g., 2 years for employees) give Georgia covenants more predictability than a pure case-by-case reasonableness baseline.
The GRCA distinguishes between employees and the sale-of-business context, applying more lenient durational presumptions to seller covenants.
Georgia tailors enforceability to the worker's role; rank-and-file employees who do not meet the statutory categories generally cannot be bound by a true non-compete.
Frequently Asked Questions
Are non-compete agreements enforceable in Georgia?
▾
Yes. Since the Georgia Restrictive Covenants Act took effect in 2011 (O.C.G.A. § 13-8-50 et seq.), reasonable non-competes are enforceable. The covenant must be in writing, protect a legitimate business interest, and be reasonable in time, territory, and scope against a worker who falls within the Act's covered categories.
Can a Georgia court rewrite an overbroad non-compete?
▾
Partly. Under O.C.G.A. § 13-8-54, Georgia courts may "blue-pencil" — narrowing or striking unreasonable terms and granting only the relief reasonably necessary. Unlike full reformation, however, Georgia courts generally cannot add brand-new terms the parties never agreed to.
How long can a Georgia non-compete last?
▾
For a former employee, O.C.G.A. § 13-8-57 presumes a restraint of two years or less reasonable and more than two years unreasonable. Sale-of-business covenants tied to ownership receive more lenient durational presumptions because the seller is paid for the goodwill being protected.
Does Georgia require a non-compete to state a geographic area?
▾
Not strictly. The Georgia Supreme Court held in 2024 that the Restrictive Covenants Act does not require an express geographic restriction, and a covenant is not automatically void for lacking one. Reasonableness of any stated territory is still evaluated in light of the protectable interest.
Available in Other Jurisdictions
Related Contract Types
Ready to Create Your Non-Compete Agreement?
Describe your deal in plain English. Three AI agents draft, review, and refine your non-compete agreement for Georgia.
Get StartedAI-generated draft for review. Not legal advice.