Back in 1990, the Georgia state legislature tried to repair the state’s reputation for having a business-chilling stance on non-compete and non-solicitation agreements. That year the Georgia General Assembly passed a law designed to make it more feasible for companies to protect their trade secrets and business from employees who depart to join a competitor or to start their own competing business.
But that law did not remain on the books for long. In 1991 the Georgia Supreme Court struck down the statute. The court found that the state constitution bars any legislation that enhances the enforceability of post-employment restrictive covenants.
