Employment Attorney Erika Birg Quoted in SHRM Online
"New Day Dawns for Georgia Noncompete Law"

Atlanta-based employment attorney, Erika Birg, was quoted in a SHRM Online article about the recent passage of a ballot provision in Georgia authorizing a constitutional amendment establishing a new statutory framework for enforcement of restrictive covenants in the state. The law will go into effect on Jan. 1, 2011. According to Erika, "the passage of Amendment 1 impacts all employers and gives them new tools by which to draft their agreements.” She advised Georgia businesses that have learned that their agreements are not enforceable under Georgia law as it existed previously, “Now is the time to review the statute and consider updating the agreements.”

According to the article, although the changes that will result from the new law are many, the most significant change is that Georgia courts will have the ability to modify what would be an otherwise overbroad provision. Erika also noted that “Blue penciling,” strictly defined is “the ability of a court to strike, excise, or cull certain severable portions of an agreement so as to enforce the agreement solely to the extent it is reasonable.” Many other states allow (and may require) a court to alter the agreement, rewriting or reforming the agreement to make it enforceable to give effect to the parties' intent, she said.