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Can a home care agency make caregivers sign a non-compete in Georgia?
Last verified October 17, 2026 · All Georgia resources
Restricted. Georgia allows post-employment non-competes only for employees who regularly solicit customers, make sales, manage the business and supervise others with hire/fire authority, or serve as key employees or professionals. A typical hourly caregiver does not fit these categories, so a post-employment non-compete generally cannot be enforced against them. Customer non-solicitation agreements limited to clients the caregiver had material contact with are allowed for any employee.
| Status | Restricted |
|---|---|
| Client non-solicitation | Any employee may agree in writing not to solicit, for a stated period after leaving, the employer's customers (including actively sought prospects) with whom the employee had material contact. No geographic limit is required. |
| Statute | O.C.G.A. §§ 13-8-50 to 13-8-59 |
What about a client hiring your caregiver directly?
That is usually handled in the client service agreement, not the caregiver's contract: some agencies charge a placement or conversion fee if a client hires a caregiver directly. Whether that clause is enforceable is a contract question, so have a local employment lawyer review it.
General information, not legal advice.
Sources
More for Georgia
Non-compete rules by state: other states
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