Navigating non compete agreements in Georgia can feel overwhelming whether you’re a business owner protecting legitimate interests or an employee asked to sign one. As a business attorney who has drafted and litigated hundreds of restrictive covenant cases in Georgia courts over the past decade, I’ve seen firsthand what makes a non compete clause in Georgia hold up — and what gets it thrown out on day one.
Georgia dramatically changed its law with the 2011 Restrictive Covenants Act (O.C.G.A. § 13-8-50 et seq.), making non competes enforceable in Georgia if they are reasonable in scope, duration, territory, and protected interests. In this comprehensive 2025 guide, I’ll explain current Georgia law, share the exact template I use for my own clients, and give you a free downloadable Georgia non compete agreement that meets today’s judicial scrutiny.
Important Disclaimer: This article and template are for educational purposes only and do not constitute legal advice. Always consult a licensed Georgia attorney before using any legal document.
Yes — but only if they satisfy strict requirements. Before May 11, 2011, Georgia courts were notoriously hostile to non-competes and routinely “blue-penciled” (struck) the entire agreement if any part was overboard. The 2011 Restrictive Covenants Act flipped that approach: courts may now “blue-pencil” or modify overly broad restrictions to make them enforceable (O.C.G.A. § 13-8-53(d)).
The Georgia Supreme Court and Court of Appeals continue to refine the law, but the core test remains whether the restriction:
Source: IRS.gov is not the primary source here — the controlling statute is O.C.G.A. Title 13, Chapter 8, Article 2, and case law from the Georgia Court of Appeals.
From my experience litigating these cases in Fulton, Cobb, and Gwinnett Superior Courts, here are the clauses that survive injunction hearings:
| Element | Georgia Requirement (2025) | Practical Tip from Experience |
|---|---|---|
| Consideration | New hires: offer of employment is sufficient. Existing employees: new valuable consideration required (promotion, bonus, training) | Always document the new consideration in writing |
| Duration | ≤ 2 years is presumptively reasonable for employees; 3-5 years common in business sales | 18-24 months is the sweet spot for most employees |
| Geographic Scope | Must be limited to where the employee actually provided services or had influence | Use “within X miles of any location where employee worked” or customer-based limits |
| Scope of Activity | Narrowly tailored to protected interests | Name specific competitors or prohibit only direct competition |
| Protected Interests | Must explicitly state trade secrets, confidential info, customer goodwill, etc. | List them — judges love specificity |
Below is the exact template I currently use for Georgia clients (redacted version). Download the editable Word version at the end of this article.
This Non-Competition, Non-Solicitation, and Confidentiality Agreement (“Agreement”) is entered into on [Date], by and between [Company Name], a Georgia [entity type] (“Company”), and [Employee Name] (“Employee”).
1. Consideration. In exchange for Employee’s agreement to these restrictions and continued/at-will employment, Company provides Employee access to Confidential Information and customer relationships.
2. Non-Competition. For [18-24] months following termination of employment for any reason, Employee shall not, directly or indirectly, within the Restricted Territory, engage in any business that competes with the Business of the Company as conducted during Employee’s employment.
3. Restricted Territory. The geographic area in which Employee provided services or had material customer contact during the last [12-24] months of employment, or within a [50-100] mile radius of any Company location where Employee worked.
4. Non-Solicitation of Customers. For [24] months, Employee shall not solicit or accept business from any Customer of the Company that Employee had contact with or learned about during the last [24] months.
5. Non-Solicitation of Employees. For [24] months, Employee shall not recruit or hire any Company employee.
6. Confidentiality. Employee shall not disclose Confidential Information at any time.
7. Blue Pencil. If any provision is held unenforceable, the court may modify it to the maximum extent permitted by Georgia law (O.C.G.A. § 13-8-53(d)).
8. Injunctive Relief. Breach will cause irreparable harm; Company is entitled to injunctive relief without bond.
9. Governing Law. Georgia law without regard to conflict principles.
IN WITNESS WHEREOF, the parties execute this Agreement as of the date first written above.
In my practice, these are the top five reasons Georgia judges strike non-competes:
The law treats sale-of-business non-competes much more favorably. Courts routinely enforce 5-10 year restrictions when a founder sells goodwill. Always include a separate “sale of business” recital if applicable.
Click here to download the free editable Word template (last updated November 2025).
This template has been used successfully by dozens of Georgia businesses and has survived multiple temporary restraining order hearings.
Georgia remains one of the more employer-friendly states for restrictive covenants — but only when the agreement is carefully drafted. A poorly written non compete in Georgia will cost you thousands in legal fees and leave your business unprotected.
Use the free template above as a starting point, but always have a Georgia-licensed attorney review the final version for your specific situation.
Again, this article and template are not legal advice. Laws change and every situation is unique. Consult a qualified Georgia employment attorney before implementing any restrictive covenant.
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