In GA, no one can render an opinion on a non-compete clause without reading the entire agreement, start to end. The law changed about 10 years ago. The answer was simple back then: The agreement is valid as to the time - 1 year was the old max. But, under the new law, the entire agreement must be reviewed. The geographic area is also a consideration. If you are 2,000 miles away, are you competing? If you are just down the road, it would not be permitted. It is unfortunate you never received a copy, but that does not make the agreement unenforceable. If it is a valid, legal contract, the employer can get a restraining order against you, make you pay for his lawyer, and recover any lost sales due to your competition. If it is valid, be careful. If you are not in GA, you should resubmit your question, identify your state, and ignore the above answer. This is one area where the law varies widely from state to state. It is likely the law in your state is different, and the answer is different.
Answered on Aug 20th, 2015 at 1:49 PM