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re: How enforceable are non-compete clauses in LA?
Posted on 1/9/15 at 9:34 am to chinhoyang
Posted on 1/9/15 at 9:34 am to chinhoyang
I feel like you're missing the most critical point of this...
I'm not going to be 'recruiting for sales'... I'm going to work in an HR function internally and won't be trying to place candidates at external companies... It's a similar job, with a different scope.
I'm not going to be 'recruiting for sales'... I'm going to work in an HR function internally and won't be trying to place candidates at external companies... It's a similar job, with a different scope.
Posted on 1/9/15 at 9:37 am to yankeeundercover
I think non compete clauses are total crap. I suppose in some cases it could be worth having but those seem few and far between. I had a friend who cut hair and he had a non compete clause. He either worked for this one salon FOR LIFE or he had to sit out 6 months. It didn't matter if he left and gave them a months notice or if they fired him. I don't see how you can tell someone that they can't make a living using their skills.
Posted on 1/9/15 at 9:38 am to yankeeundercover
he's not missing the point, he's just telling you as an attorney, he's not about to give you legal advice over a message board without discussing it in depth with you. The problem is that this problem you have is not black and white and requires some planning.
This post was edited on 1/9/15 at 9:39 am
Posted on 1/9/15 at 9:41 am to yankeeundercover
I caught that ... you've been doing traditional recruiting and you may go inhouse to recruit for your employer (which I would argue is not recruiting but traditional HR). I would tend to think that a court would not enforce a non-compete in this situation (but again, no one has seen your agreement either).
If the non-compete includes most of the "common" provisions, you may have restrictions on your ability to solicit candidates that you dealt with at your prior employment. I would certainly put a provision to that effect if I was drafting an agreement. There is probably a clause asserting that candidate information is proprietary to your current employer. The normal defense would be that candidate information is readily available and is not proprietary. I've seen mixed results when the courts address that issue.
You should spend twenty minutes or so with an attorney - it would be money well spent. It sounds like you might be ok, but "sounding like you might be ok" based on message board information is no basis for this important of a decision.
Again, I'm providing you with general information and not legal advice (an ethical requirement in these situations).
If the non-compete includes most of the "common" provisions, you may have restrictions on your ability to solicit candidates that you dealt with at your prior employment. I would certainly put a provision to that effect if I was drafting an agreement. There is probably a clause asserting that candidate information is proprietary to your current employer. The normal defense would be that candidate information is readily available and is not proprietary. I've seen mixed results when the courts address that issue.
You should spend twenty minutes or so with an attorney - it would be money well spent. It sounds like you might be ok, but "sounding like you might be ok" based on message board information is no basis for this important of a decision.
Again, I'm providing you with general information and not legal advice (an ethical requirement in these situations).
Posted on 1/9/15 at 10:14 am to yankeeundercover
quote:
I feel like you're missing the most critical point of this... I'm not going to be 'recruiting for sales'... I'm going to work in an HR function internally and won't be trying to place candidates at external companies... It's a similar job, with a different scope.
There is virtually no chance they come after you, and even less a chance it is enforced.
Save your money, you don't need a Lawyer.
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