Balancing the Scales: Reforming Georgia's Common Law in Evaluating Restrict Covenants Ancillary to Employment Contracts

This Note provides a defense of the Restrictive Covenant Act, which was passed by the Georgia General Assembly and signed into law in May 2011.  The Act is designed to attract businesses to Georgia, boost employment, raise wages, and increase the standard of living. A careful study of the Act's provisions shows that it will not unduly harm employees' interests in Georgia. Additionally, this Note urges Georgia courts to further improve the Act's fairness and efficacy by adopting a per se rule that would protect employees who fall outside the defined parameters of the Act, which would operate as a policing agent for employers. This Note finally provides a compelling look into the inspiration for and development of the Restrictive Covenant Act: an interview with Georgia General Assembly Representative Wendell Willard, Chairman of the House Judiciary Committee and author of the Restrictive Covenant Act.