· 6/8/1977
Howard Schultz & Associates of Southeast, Inc. v. Broniec
Citations
- 236 S.E.2d 265
- 239 Ga. 181
- 1977 Ga. LEXIS 855
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that territorial restrictions on competition outside of “the territory in which the employee was employed” generally require “a showing by the employer of the legitimate business interests sought to be protected”
- “By both constitutional and legislative provision, Georgia prohibits contracts or agreements in general restraint of trade.”
- covenants prohibiting an employee from working for “a competitor ‘in any capacity’ impose a greater limitation upon the employee than is necessary for the protection of the employer and therefore is unenforceable”
- “This court has held on several occasions that a covenant wherein the employee agreed not to accept employment with a competitor ‘in any capacity’ imposes a greater limitation upon the employee than is necessary for the protection of the employer and therefore is unenforceable.”
- contract for services by independent contractor
- six states constituting employer’s territory
Source: CourtListener parenthetical corpus (CC0).
Judges: Hill, Jordan
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.