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re: How enforceable are non-compete clauses in LA?
Posted on 1/9/15 at 9:41 am to yankeeundercover
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 9:42 am to chinhoyang
quote:
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).
See OP I saved you money. His fancy JD wasn't necessary. Bidness experience prevails here. You are good to roll out.
This post was edited on 1/9/15 at 9:43 am
Posted on 1/9/15 at 9:55 am to chinhoyang
quote:I wouldn't ever presume to hold anyone's feet to the fire over some shite I learned on a fricking message board... I don't need any 'lawyers' to give me their 'professional' opinions, I'm pretty sure I know what will happen as I have a good relationship with my current company and don't think anything will come of it.
Again, I'm providing you with general information and not legal advice (an ethical requirement in these situations).
I'm just wondering if anyone has any experience in this type of thing...
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