One thing that has in common a non-compete agreement, a non-sponsor and secret agreement, is that the Georgian Covenants Act of 2011 (“law”) applies to all of them. Under the law, a competition restriction agreement (“no competition”), a customer omission agreement (“unsolicited”) and a “non-disclosure” or “confidentiality agreement”) are all types of restrictive agreements.   In particular, a non-application is an agreement “for a specified period after the termination of the proceedings, to request or attempt to invite a company to such an employer, including potential active looking customers, with whom the worker has material contact during his employment to provide products or services in competition with those of the employer.” O.C.G.A. 13-8-53 (b). A non-call agreement is an agreement reached by an employee not to try to convince customers, stakeholders, customers or employees of the employer to leave the company and cooperate with the employee or competitor. The non-invitation agreement, usually for a limited period of time, begins after the termination of employment. Non-demand agreements cannot prevent customers, customers and employees from leaving voluntarily. It can only verify the impact that a former employee may have on the development of that decision. When an employer attempts to recruit a worker subject to a restrictive agreement or confidentiality agreement, an employment law professional can assess potential commitments and advise on how best to proceed. Here too, you must conclude this agreement before the employee leaves, and ideally, if he or she starts working for you. A non-invitation provision may be included in your work manual or in a standalone agreement and generally provides: Take Away: You have every right to protect your confidential information, your customers and your employees.
But you need agreements long before an employee thinks about retiring. Ideally, these agreements are included in the staff manual or are included in individual agreements that will be signed when the employee starts working for you. Many workers sign confidentiality, non-competition and non-candidate agreements at the beginning of their employment, without really thinking about the agreements. Or these agreements can be presented during redundancy negotiations. Signing these agreements before checking them with a lawyer is a bad idea. These agreements contain strong language and may limit your ability to maintain another job or work on specific geographic locations. Be sure to talk to a lawyer before you sign something. A non-invitation is easier to impose, as it is written, than a non-competition clause. But non-requests are difficult questions of evidence – because a complainant must prove that the employee asked someone who is subject to the non-application. Under Georgian law, the simple response of an interested client is usually not an invitation.  This presentation often involves information outside of a complainant`s possession – often emails or texts sent to clients.
In practice, clients of an applicant who can be successfully applied cannot report the application to the applicant and an applicant can only be notified of non-success of the applications. Because these three types of agreements are restrictive, the courts do not automatically implement them simply because the parties accept a contract.