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Non-compete agreements
Posted on 1/17/17 at 11:12 am
Posted on 1/17/17 at 11:12 am
Anyone in Louisiana with any experience with these?
What are some things that will make it not enforceable?
A little back story: signed one when I first started as an assistant 10 yrs ago, now in a management role. Positions as well as pay structure have changed several times since then. Looking at options outside of current company.
What are some things that will make it not enforceable?
A little back story: signed one when I first started as an assistant 10 yrs ago, now in a management role. Positions as well as pay structure have changed several times since then. Looking at options outside of current company.
14
Posted on 1/17/17 at 11:13 am to Tommy Callahan
quote:
signed one when I first started as an assistant 10 yrs ago
Are you still under the term of that same contract? Have you renewed it every year? What were the specific terms of the non-compete?
I use them in physician contracts all the time.
Posted on 1/17/17 at 11:15 am to MSMHater
I really dont remember, it was 10 years ago, I dont have a copy and no, I have never resigned anything over the years.
Posted on 1/17/17 at 11:15 am to Tommy Callahan
What city do you reside? I can point you to competent counsel once I know that.
In before "they are not enforceable in Louisiana".
In before "they are not enforceable in Louisiana".
Posted on 1/17/17 at 11:17 am to Tommy Callahan
quote:
I really dont remember, it was 10 years ago, I dont have a copy and no, I have never resigned anything over the years.
I have never seen an employment contract with a 10 year term. I would be shocked if any clause in that contract would be enforceable.
That said, make your employer produce a copy for you.
Posted on 1/17/17 at 12:14 pm to MSMHater
quote:
That said, make your employer produce a copy for you.
that is going to work out well.
Better for him to say, he thinks one of his employees is going to defect. What is the non compete policy?
Posted on 1/17/17 at 12:18 pm to MSMHater
I dont believe the agreement stated a term length, can these things be open ended? Say in effect for 2 years after employment with said company has ended?
Posted on 1/17/17 at 12:58 pm to MSMHater
Tell employer your cpa is doing some long term planning with you and your wife and would like a copy of your employee file.
Posted on 1/17/17 at 1:38 pm to Tommy Callahan
quote:Yes, depending on what the original agreement says.
can these things be open ended? Say in effect for 2 years after employment with said company has ended?
quote:People who think or say this are spreading lies.
In before "they are not enforceable in Louisiana".
This post was edited on 1/17/17 at 1:40 pm
Posted on 1/17/17 at 1:49 pm to Tommy Callahan
Non competes are very enforceable in La.
However, one thing that I have been told that offers some leverage to the employee is that La courts have looked upon non competes unfavorably if there was no form of compensation (monetary or otherwise)given to the employee for signing the agreement.
I am not an attorney but have had some dealings with this in the past from an employer standpoint.
Seriously, consult an attorney who specializes in this area.
However, one thing that I have been told that offers some leverage to the employee is that La courts have looked upon non competes unfavorably if there was no form of compensation (monetary or otherwise)given to the employee for signing the agreement.
I am not an attorney but have had some dealings with this in the past from an employer standpoint.
Seriously, consult an attorney who specializes in this area.
Posted on 1/17/17 at 2:02 pm to poule deau
quote:
However, one thing that I have been told that offers some leverage to the employee is that La courts have looked upon non competes unfavorably if there was no form of compensation (monetary or otherwise)given to the employee for signing the agreement.
I have been told this and that if they are not specific, it is very difficult for a company to make them enforceable.
Our company attorney advised us that the primary reason why courts look unfavorably towards them is if you build a career in a certain industry, your current company cannot keep you from working within the same industry. However, there are certain things you can do to make them work in your favor (we are still waiting for those things). Where they will get you is if you leave and YOU call your current customers to try to get them to come to your new company.
Posted on 1/17/17 at 2:04 pm to poule deau
quote:This is probably true, if it was signed after employment had begun. E.g. When the ABC company moves to a city, XYZ company has a bunch of current employees sign non-competes and gives each like $500 to $1k to not go work for ABC Company for 2 years.
I have been told that offers some leverage to the employee is that La courts have looked upon non competes unfavorably if there was no form of compensation (monetary or otherwise)given to the employee for signing the agreement.
This all said, each region of LA has some differences in enforcement. It's always best to have an attorney in your area, who deals with these agreements a lot, look at the contract.
Generally though, if the clause is limited to 2 years and it specifically lists each parish to which it applies and the scope of the business practices, they're enforceable.
Posted on 1/17/17 at 2:32 pm to Tommy Callahan
In some states (Alabama) they cannot be enforced against people who are considered "professionals"--JD, MD, ?CPA (not sure), perhaps other areas this would cover.
Have seen contracts where it is written in even though not enforceable assuming that the employee won't know that and will comply even when he/she does not have to.
Not sure how Louisiana works in that regard.
Have seen contracts where it is written in even though not enforceable assuming that the employee won't know that and will comply even when he/she does not have to.
Not sure how Louisiana works in that regard.
Posted on 1/17/17 at 2:35 pm to Tommy Callahan
They have to define the time period, and specify the parish, plus a whole host of other issues. They're not favored, but they are interpreted differently in different state appellate court circuits. I would definitely talk to a lawyer, and make sure I have a written copy of the signed agreement.
This post was edited on 1/17/17 at 2:38 pm
Posted on 1/17/17 at 2:40 pm to kingbob
quote:
and specify the parish
This.
When I went through this some years back i was told that the non-compete was only enforceable if it named the parishes in LA that it encompassed. Def consult an attorney though.
Posted on 1/17/17 at 2:54 pm to Maderan
Isn't Ochsner big on making their MDs sign non-competes? So I hear anyway...
Posted on 1/17/17 at 3:13 pm to Tommy Callahan
quote:
Tommy Callahan
Why would you leave your dad's company for O'Reilly's?
Posted on 1/17/17 at 3:54 pm to Tommy Callahan
It must list term and the parishes it applies to. Compensation to sign is not required.
Posted on 1/17/17 at 5:25 pm to Tommy Callahan
It is best to just talk to an attoney who specializes in this area. The agreement typically has to be very specific though.
Posted on 1/17/17 at 7:41 pm to Colonel Flagg
why do people sign these? unless the company agrees to compensate for the full term of the non compete I would never sign one of these.
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