A question that frequently arises in non-compete cases is
whether the duration of a former employee's non-compete clause
can be extended by a court. For example, if an employee breaches a
12-month non-compete and the former employer does not learn about
it right away or is not able to get a court to enter an injunction
quickly, the employer is left feeling as if it did not get the full
benefit of its bargain if the employee is only prohibited from
working for the remaining time under the non-compete.
Can the Duration of Former Employee's Non-Compete Clause be
Extended?
Georgia courts have historically declined to extend non-competes
absent the parties' agreement containing an enforceable tolling
provision. Appellate cases shed light on how to draft an
enforceable provision. For example, a provision tolling a
non-compete while the employee is in breach has been held not to be
valid. However, a provision that tolls a non-compete while there is
litigation challenging
