Non Compete in Georgia

My current work location is Alpharetta, GA. I have a non compete agreement from 2013. I am currently working on EVC Model (i.e. employer vendor client model) and the arrangement is as under:

Me (consultant) --> Company A (Employer) --> Company B (Vendor) --> Company C (client)

Due to vendor consolidation and rate reduction, my employer (Company A) is pulling me out of client (Company C) . However, client (Company C) wants me to continue and asked me whether I can come thru different Vendor. So future arrangement would be as under:

Me (consultant) --> Company X (New Employer) --> Company C (client).

My non-compete agreement is as under:

Non-Solicitation of Customers. During the Restricted Period (2 years), You will not, directly or indirectly, solicit any Customer of the Company for the purpose of selling or providing any products or services competitive with or directly substitutable for the Business. The restrictions set forth in this Section apply only to Customers with whom You had Contact. Nothing in this Section shall be construed to prohibit You from soliciting any Customer of the Company for the purpose of selling or providing any products or services competitive with the Business: (i) to a Customer that explicitly severed its business relationship with the Company; or (ii) which product line or service line the Company no longer offers.

Definition of Customer as per agrrement
“Customer” means any person or entity to whom the Company has (i) sold its products or services, or (ii) solicited to sell its products or services.

In view of the above, can my current employer enforce non compete agreement?

Thanks.

0 answers  |  asked Apr 17, 2017 8:47 PM [EST]  |  applies to Georgia

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