Found an issue on this page? Let us know and we will look into it as soon as possible.
Do I have any recourse against my previous employer even though GA is an at will state?
Anonymous10 views3 answers
On 06/18/2015, my position was eliminated and I was discharged from my job as a Clinical Liaison. I was offered a 2 week severance if I signed a contract stating that I would not sue for any reason. Also, I was told that even though I was only with the company for 90 days and my position eliminated they were holding me to the non-compete and I was not able to work within a 50 mile radius. After I signed the severance agreement on 07/10/2015, my position was posted. I have not been able to get employment and I have 15 years experience as an LPN and 6 years as an RN.
Michael David BirchmoreDUI / DWI AttorneyBlue Ridge, GA ·
You should definitely speak with counsel. I have drafted many non competes in my time. 50 miles sounds like a bit too much for the n/c agreement to be reasonable. In other words, I am not confident that the n/c would be enforceable.
Under the old laws governing non-competes, an employer trying to prohibit competition within a fifty mile radius would have had to have shown that it did business in each of the counties in that fifty mile radius. If the employer tried to prohibit competition in an area where it did no business, it would fail for being overbroad. However, the voters amended the Georgia Constitution to allow for reasonable restrictions on competition and O.C.G.A. 13-8-50 et seq. - The Georgia Restrictive Covenants Act - was signed into law on May 12, 2011, drastically changing this area of law. Only a few cases have been decided since interpreting The Restrictive Covenants Act. It may be that your employer's non-compete is unenforceable. However, the entire agreement would need to be reviewed and more facts obtained concerning the employer and your employment activity. Your employer "eliminating" the position and terminating you are facts in your favor against enforcement of the noncompete.
In addition, you may be entitled to unemployment benefits. You would not be eligible to receive unemployment during the week or weeks you received severance pay. However, in each week you do not receive severance pay and have been unemployed, you would be eligible for benefits. Provisions in severance agreements which require employees to waive unemployment benefits are unenforceable as a matter of law. However, if the severance agreement tries to prohibit you from collecting unemployment benefits, it is possible the employer could file a lawsuit to get you to return the amount paid in severance claiming you breached the severance agreement by filing for unemployment.
Finally, you may have a claim for discrimination based on Title VII of the Civil Rights Act of 1964 (Title VII) which protects individuals from discrimination based on race, color, religion, sex, or national origin, the Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older, Title I and Title V of the Americans with Disabilities Act of 1990, as amended (ADA), which prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments, Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA), which prohibits employment discrimination based on genetic information about an applicant, employee, or former employee, and the Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination. In Georgia, you would need to file a charge of discrimination with the Equal Employment Opportunity Office (EEOC) within 180 days of the discriminatory event or the last discriminatory event if the discrimination consists of a series of events. In your case, it would likely be your termination.
You may have other rights and causes of actions. It is probably worth your time to consult with an attorney so you can provide all the facts concerning your termination.
I agree with Mr. Walker. Once the state constitution regarding noncompete agreements it made it much easier for employers to enforce those. You really need to have an attorney to look at yours to see if its reasonable as is. or how the court might "blue pencil" it to make it enforceable. You also should apply for unemployment if you have not done so already. You should be entitled to collect for all but the first two weeks. Good luck to you.