Benjamin Fink of Berman Fink Van Horn has a very well thought out and footnoted article over on Georgia Non-Compete and Trade Secret News (who knew there was such a thing) titled. Georgia’s New Non-Compete Statute: Is This-legislation Good For Business In Georgia?
Mr. Fink seems to be an expert on the subject.
In summary, there is no question that the law in Georgia needs to be modernized to allow employers greater protections, when appropriate. However, the new legislation seems to go well beyond what is necessary to accomplish this goal. The new legislation also runs contrary to a trend taking hold in other states with which Georgia would like to compete. In Massachusetts, the legislature is very carefully studying the issue before acting. While the Georgia legislature purports to have done so, it does not appear to these observers that the Georgia legislature has even scratched the surface of the various perspectives that should be considered, or that it spent the time and energy necessary to truly determine what is best for business in Georgia.
The whole article is worth a read as it debunks many of the statements being made by the folks over at Jobs of Tomorrow.