re: Non Compete Question

I don't have the time to go through all the terrible responses here.

1. A well-drafted non-compete is enforceable, and I have enforced them many times over the last thirty years.

2. A well-drafted non-compete will have a provision that allows for it to be enforced even if the employee is laid off or fired. Though not every jurisdiction will enforce one under these circumstances, some will.

3. Louisiana has some unusual provisions for non-compete agreements. As a result, there is a higher percentage of unenforceable non-competes in Louisiana.

4. Employers sometimes bluff about enforcement of non-competes. You may receive a demand letter, but this does not mean the employer is going to sue you. Whether to treat the demand letter as a bluff is a decision you have to make (after having appropriate legal counsel on the issue).

5. The non-compete agreements are disfavored. I had an employer receive a demand letter from an employee's prior employer. They were notifying the employer about the non-compete. The agreement had a glaring grammatical error. It provided that the agreement was unenforceable if the employee ended his employment "other than for good cause" when in meant to be unenforceable if the employee ended his employment "for good cause." "Good cause" was narrowly defined.

The employee left for a better job, which was not defined as "good cause." As a result, the agreement could not be enforced.

I hate the companies that do this as part of an acquisition of another company. My small company was bought by a big company like 12 years ago. We never had non competes. But sure enough they had everyone sign some sort of non compete. Was very open ended and was only a couple lines. If we didn’t sign it we didn’t have a job. Not sure how that would hold up if at all or for how long but I would think there has to be a statute of limitations.

I'm not sure how anyone could take it seriously when a company fires you and then says don't seek employment doing the thing you're presumably trained to do.

Don't concern yourself with that bullshite and laugh if they threaten to take action.

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Start out by researching a few case laws in the state of GA that pertains to your specific situation while you are waiting for your lawyer to respond.

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Lawyers who know what they are doing love clients who have "researched" the issue. He needs to see a Georgia employment law lawyer. If someone has the experience, he or she can give an opinion about the validity and scope of the non-compete. An employment lawyer will almost always be up to date on the non-compete cases.

If the lawyer cannot meet with you and give that kind of advice on the agreement, the lawyer's not experienced in the employment agreement field.

Agree with many posters about the dubious advice in this thread. If properly drafted, it could be enforceable even if laid off. Even in Louisiana. Consult an attorney who handles noncompete and nonsolicitation matters. Don’t rely on advice from friends, family, (dare I say it) the OT, or attorneys with no experience in this unique field.