DECIDED MAY 8, 2006. Certiorari to the Court of Appeals of Georgia — 273 Ga. App. 511. Bondurant, Mixson Elmore, Michael B. Terry, Timothy S. Rigsbee, for appellant.
This case is before us on remand from the Supreme Court of Georgia. The original case, Palmer Cay of Ga. v. Lockton Cos., 273 Ga. App. 511 ( 615 SE2d 752) (2005), was a declaratory judgment action filed by former employees of Palmer Cay of Georgia, Inc. (PC) seeking clarification of an employment contract signed by the individual employees and containing four restrictive covenants: two nonsolicitation of customers covenants, a nonsolicitation of employees covenant, and a nondisclosure covenant. The trial court struck down the two nonsolicitation of customers covenants as overbroad, but upheld the nonsolicitation of employees and nondisclosure covenants.
Lane Co. v. Taylor , 174 Ga. App. 356, 360 (2) (b), 330 S.E.2d 112 (1985). Cf.CMGRP, Inc. v. Gallant , 343 Ga. App. 91, 95 (2), 97-98 (2) (b), 806 S.E.2d 16 (2017) (upholding language that said former employee could not "(a) directly or indirectly (i) solicit any employee of the Company to leave such employ to enter the employ of Employee or of any person, firm, or corporation with which the Employee is then associated, or (ii) induce or encourage any such employee of the Company to leave the employment of the Company or to join any other company, or (iii) hire any such employee of the Company, or (iv) otherwise interfere with the relationship between the Company and any employee of the Company"); Palmer & Cay of Ga., Inc. v. Lockton Companies, Inc. , 273 Ga. App. 511, 514 (1), 615 S.E.2d 752 (2005) (upholding language that said "the Employee will not, directly or indirectly, attempt in any manner to cause or otherwise encourage any employee of the Company to leave the employ of such corporation"), reversed on other grounds 280 Ga. 479, 629 S.E.2d 800 (2006) ; Sanford v. RDA Consultants, Ltd. , 244 Ga. App. 308, 309, 311 (2), 535 S.E.2d 321 (2000) (upholding language that said former employee could "not to attempt to employ or assist any other person in employing or soliciting for employment any employee employed by [former employer]"); Sunstates Refrigerated Servs., Inc. v. Griffin , 215 Ga. App. 61, 61, 63 (2), 449 S.E.2d 858 (1994) (upholding language that said former employee could not "employ, attempt to employ or assist anyone else in employing as a manager, executive or salesperson in any competing business any of the appellant's managerial, executive or sales personnel"); Lane Co. , 174 Ga. App. at 360 (2) (b), 330 S.E.2d 112 (upholding language