Georgia Non-Compete Laws (2026): Are Non-Competes Enforceable?

Georgia allows non-competes, but only within limits set by statute. Under the Georgia Restrictive Covenants Act (O.C.G.A. 13-8-50 through 13-8-59), a non-compete that applies after the job ends can be enforced only against employees in listed roles, such as salespeople, managers, key employees and professionals, and only if it complies with the Act (O.C.G.A. 13-8-53). A court presumes a restriction of two years or less reasonable in time (O.C.G.A. 13-8-57(b)).

For how other states treat these agreements, see our non-compete laws by state guide.

Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers the Georgia Restrictive Covenants Act (Article 4 of Chapter 8 of Title 13 of the Official Code of Georgia Annotated) as it applies to employee non-competes, customer non-solicitation and confidentiality covenants, with a short note on the federal FTC rule. It does not cover trade-secret claims (see Georgia trade secret laws), severance pay (see Georgia severance pay laws), or the details of covenants made in the sale of a business.

About the statute text: The quotations on this page come from the 2021 release of the official Georgia code, held in our statute library. Georgia's official code is published online through LexisNexis, and we could not open it or the state legislature's bill search for this update, so we have not confirmed whether any section quoted here was amended after 2021.

Are non-competes enforceable in Georgia?

Yes, for some employees. The General Assembly enacted the Restrictive Covenants Act in 2011 (Ga. L. 2011, p. 399, HB 30). The Act applies to contracts entered into on or after it took effect in 2011 and, by its own terms, does not govern covenants signed before then, so an older agreement is judged under Georgia's earlier law, which this page does not cover. Under the Act, a non-compete that applies after employment is enforceable only against an employee who, in the course of the job, does at least one of the following (O.C.G.A. 13-8-53(a)):

1. customarily and regularly solicits customers or prospective customers for the employer;
2. customarily and regularly makes sales or obtains orders or contracts for products or services to be performed by others;
3. has a primary duty of managing the enterprise, customarily and regularly directs the work of two or more other employees, and has the authority to hire or fire, or has particular weight given to suggestions and recommendations about hiring and firing; or
4. performs the duties of a key employee or of a professional.

The management test in item 3 is conjunctive: all three parts must be met. Against an employee who does none of these things, section 13-8-53(a) states that enforcement of a post-employment non-compete "shall not be permitted." That limit does not apply to customer non-solicitation or confidentiality covenants, which have their own rules below.

A covenant that fails the Act's requirements is void. Section 13-8-53(d) reads: "Any restrictive covenant not in compliance with the provisions of this article is unlawful and is void and unenforceable," subject to the court's power to modify described below.

How long a Georgia non-compete can last

Georgia sets a presumption, not a hard cap. For a covenant against a former employee, section 13-8-57(b) provides that "a court shall presume to be reasonable in time any restraint two years or less in duration and shall presume to be unreasonable in time any restraint more than two years in duration, measured from the date of the termination of the business relationship."

Covenants tied to the sale of a business follow a different presumption. Under section 13-8-57(d), a restraint on the seller or owner is presumed reasonable if it lasts the longer of five years or the period during which payments are being made to the owner or seller.

Territory and restricted activities

Restrictions must be reasonable in time, geographic area and scope of prohibited activities (O.C.G.A. 13-8-53(a)). In North American Senior Benefits, LLC v. Wimmer, 319 Ga. 641 (2024), the Georgia Supreme Court held that a covenant does not have to contain an express geographic term to meet that test.

The Act does not require a precise map. Under section 13-8-53(c), a description of the restricted activities and territory is enough if it gives fair notice of the maximum reasonable scope of the restraint, and describing the territory as the area where the employee is working at the time of termination is sufficient if the employee can reasonably determine the maximum reasonable scope of the restraint at that time.

Section 13-8-56(2) adds a presumption for broader territories: a territory covering the areas where the employer does business is presumed reasonable if the total distance it covers is also reasonable, if the agreement lists the particular competitors the employee may not work for, or both.

What the employer must prove

The burden sits with the party trying to enforce. Section 13-8-55 reads: "The person seeking enforcement of a restrictive covenant shall plead and prove the existence of one or more legitimate business interests justifying the restrictive covenant."

For certain categories of employees defined in the Act, section 13-8-58(d) also provides that "a court may consider the economic hardship imposed upon an employee by enforcement of the covenant."

What a court can do with an overbroad non-compete

Georgia courts can modify a covenant instead of only enforcing it or striking it. Section 13-8-54(b) provides that if a restraint does not comply with section 13-8-53, "the court may modify the restraint provision and grant only the relief reasonably necessary to protect such interest or interests and to achieve the original intent of the contracting parties to the extent possible."

There is a limit built into section 13-8-53(d): a court may modify an otherwise void covenant only "so long as the modification does not render the covenant more restrictive with regard to the employee than as originally drafted by the parties." In other words, modification can narrow a covenant but not expand it.

This page does not state how Georgia courts have applied the modification power to particular covenants, such as one that bars work for a competitor in any capacity, because we did not verify that case law.

If you are fired or laid off

The Act treats the end of the job the same way however it happens. Section 13-8-51(18) defines termination as "the termination of an employee's engagement with an employer, whether with or without cause, upon the initiative of either party." In sections 13-8-50 through 13-8-58 we found no provision that releases an employee from a covenant because the employer ended the job. For how at-will employment works in Georgia, see Georgia at-will employment laws.

Customer non-solicits and confidentiality agreements

Customer non-solicitation. Section 13-8-53(b) allows an employee to agree in writing to refrain, for a stated period after termination, from soliciting or attempting to solicit business from the employer's customers, including actively seeking prospective customers, with whom the employee had material contact during employment. This kind of covenant is distinct from a non-compete and is not limited to the roles listed in section 13-8-53(a), and under the Act's text it does not need a geographic term.

Confidentiality. Section 13-8-53(e) states that "nothing in this article shall be construed to limit the period of time for which a party may agree to maintain information as confidential or as a trade secret." Trade-secret protection itself comes from a separate Georgia statute; see Georgia trade secret laws.

We did not find provisions in the Act text we read on employee no-hire or no-poach agreements between employers, so this page does not cover them.

Income thresholds and professions

Georgia's test turns on duties, not pay. We found no dollar income threshold in section 13-8-53, and no Georgia statute setting separate non-compete rules for physicians or other health care workers. Section 13-8-53(a)(4) covers professionals and key employees generally.

We found no requirement in the Act for advance notice before signing, a right to consult a lawyer, or garden-leave pay.

Choice of law, penalties and enforcement

We found nothing in Article 4 that forbids an out-of-state choice-of-law or forum clause in an employee covenant, and no provision awarding an employee fees or a penalty when an employer tries to enforce a void covenant. These disputes are decided by the courts; we did not identify a Georgia agency that enforces the Act.

Recent and pending changes

We found no Georgia act signed in 2025 or 2026 that changes the Restrictive Covenants Act. The Georgia Senate's final status report for the 2026 session (May 14, 2026) shows two measures on non-competes, and neither changed the Act. Senate Bill 559, a 2026 bill on noncompete agreements under the Fair Business Practices Act, was read and referred to committee in February 2026, with no further action shown. House Resolution 592 proposed a House study committee on noncompete clauses in physician contracts; a study committee does not change the law.

For 2025, our check rested on news and the Governor's bill-signing announcements, so treat that year as no change found, not a confirmed absence of change. The 2025-2026 session has ended.

The FTC rule and Georgia non-competes

The FTC's nationwide non-compete rule never took effect. A federal court in Texas set it aside on August 20, 2024 (Ryan, LLC v. FTC, No. 3:24-CV-00986-E, N.D. Tex.), the FTC voted on September 5, 2025 to dismiss its appeals, and the FTC removed the rule from the Code of Federal Regulations on February 12, 2026. The FTC still acts case by case, for example approving a final order on June 22, 2026 that required a pest-control company to stop enforcing non-competes. More detail: FTC non-compete ban struck down and our non-compete laws by state guide.

If you have been asked to sign

Under the Act, the questions that matter are what your job duties are, how long the restriction lasts after you leave, how the territory and restricted activities are described, and what business interest the employer can prove. A lawyer licensed in Georgia can review a specific agreement against sections 13-8-53 through 13-8-58.

Related

• Non-compete laws by state
• Georgia trade secret laws
• Georgia severance pay laws
• Georgia at-will employment laws
• FTC non-compete ban struck down

Disclaimer: This article provides general legal information about the Georgia Restrictive Covenants Act (O.C.G.A. 13-8-50 through 13-8-59), not legal advice. The information was last verified on 2026-10-08, using statute text from the 2021 release of the official Georgia code. Georgia non-compete disputes are decided by the courts; for advice about a specific agreement, contact a legal aid office or a lawyer licensed in Georgia.

Last updated: 2026-10-08.

Frequently Asked Questions

Are non-competes enforceable in Georgia?

Yes, against certain employees. Under O.C.G.A. 13-8-53(a), a post-employment non-compete can be enforced only against employees who regularly solicit customers or make sales, managers who meet the Act's three-part test, key employees or professionals, and it must comply with the rest of the Restrictive Covenants Act.

How long can a non-compete last in Georgia?

A court presumes a restraint of two years or less, measured from the end of employment, reasonable in time, and presumes one longer than two years unreasonable (O.C.G.A. 13-8-57(b)).

Can a Georgia court fix an overbroad non-compete?

Yes. A court may modify a noncompliant covenant and grant only the relief reasonably necessary to protect the employer's interest (O.C.G.A. 13-8-54(b)), but it may not make the covenant more restrictive for the employee than it was drafted (O.C.G.A. 13-8-53(d)).

Can a non-compete apply to a Georgia employee who does not sell or manage?

The Act does not permit enforcing a post-employment non-compete against an employee who does none of the duties listed in O.C.G.A. 13-8-53(a). Customer non-solicitation and confidentiality covenants are treated separately.

Does a Georgia non-compete apply if I was fired?

The Act defines termination as the end of employment with or without cause, at either party's initiative (O.C.G.A. 13-8-51(18)), and we found no provision in the Act that releases an employee from a covenant because the employer ended the job.

Is there a salary threshold for Georgia non-competes?

No dollar threshold appears in O.C.G.A. 13-8-53. Whether a non-compete can apply depends on the employee's duties.

How long can a Georgia confidentiality agreement last?

O.C.G.A. 13-8-53(e) states that nothing in the Act limits the period for which a party may agree to keep information confidential or as a trade secret.

Does the FTC non-compete ban apply in Georgia?

No. A federal court set the FTC rule aside on August 20, 2024, and the FTC removed it from the Code of Federal Regulations on February 12, 2026, so Georgia's Restrictive Covenants Act governs.