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re: Non-compete agreements
Posted on 1/18/17 at 6:42 am to Tommy Callahan
Posted on 1/18/17 at 6:42 am to Tommy Callahan
I looked up the case law on these for a client a few years back - not my typical field of law but the last few posts are correct. They are limited in time (I think 2 years but certainly nowhere no 10) and must list each specific parish in which it applies, as well as some other rules. Based on time alone, you're good.
0
Posted on 1/18/17 at 7:09 am to Tommy Callahan
Ignore everything in this thread that isn't "it's impossible to tell." Because without knowing what the contract says, it's impossible to tell. One question, which isn't legally relevant but might be practically relevant, is whether the company has tried to enforce this against other employees who left in the past. If so, did they succeed?
Keep in mind that you're not allowed to take confidential company information with you, with or without a non-compete.
Keep in mind that you're not allowed to take confidential company information with you, with or without a non-compete.
Posted on 1/18/17 at 2:10 pm to Cold Cous Cous
I would never sign a non-compete agreement. I left a company over 25 years ago that tried to get me to sign one, and also refused a job with another outfit who was going to insist on one.
I have always been one to not let anyone limit my options or my future professional life.
As it stood, I would up in a much better job, no non-compete, and will be retiring in a couple of years with a decent pension.
I have always been one to not let anyone limit my options or my future professional life.
As it stood, I would up in a much better job, no non-compete, and will be retiring in a couple of years with a decent pension.
Posted on 1/18/17 at 3:22 pm to damnedoldtigah
All these badasses who won't sign non competes.....
Newsflash gentlemen: Medical professionals who generate revenue have value and facilities who hire them want guarantees. So unless you have a truly kickass client base and a deal with a surgical suite, you have to build a fanbase. To do that you have to sign an agreement and that agreement will bind you to a time period in which you won't bite the hand that feeds you.
Newsflash gentlemen: Medical professionals who generate revenue have value and facilities who hire them want guarantees. So unless you have a truly kickass client base and a deal with a surgical suite, you have to build a fanbase. To do that you have to sign an agreement and that agreement will bind you to a time period in which you won't bite the hand that feeds you.
Posted on 1/18/17 at 4:40 pm to L S Usetheforce
Not so much badassed is it is being true to myself. If folks feel the need to sign them, so be it. Then again, if you are very good at what you do, you can dictate some of the terms. It depends on how bad the employer wants you and how bad you want them. I only had one instance of being told I had to sign a non-compete to remain employed. Had another job and practice lined up roughly 72 hours later, and told the current folks how much I enjoyed my time with them but that it was time to move on. Not saying that works for everyone, but it did in my case.
That said, retirement from the day job is coming in 23 months and I am looking forward to it. 35 years of full-time work is enough.
That said, retirement from the day job is coming in 23 months and I am looking forward to it. 35 years of full-time work is enough.
This post was edited on 1/18/17 at 4:42 pm
Posted on 1/18/17 at 6:31 pm to Tommy Callahan
quote:
What are some things that will make it not enforceable?
I was told by a lawyer that you must list each parish.
Posted on 1/18/17 at 6:52 pm to TigerintheNO
My old company forced it on its employees when they were bought/sold.
Some of them had to sign a non-compete or get fired so they signed. Then a month later demoted and pay cut... That non-compete would be a joke in court right?
Some of them had to sign a non-compete or get fired so they signed. Then a month later demoted and pay cut... That non-compete would be a joke in court right?
This post was edited on 1/18/17 at 7:05 pm
Posted on 1/18/17 at 7:50 pm to diat150
Required for variable compensation package.
I don't have any real issue with the firms listed and I wasn't going to turn down the variable.
I don't have any real issue with the firms listed and I wasn't going to turn down the variable.
Posted on 1/19/17 at 7:54 am to jturn17
quote:
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.
Yes. The general provision is "Any person ... who is employed as an agent, servant, or employee may agree with his employer to refrain from carrying on or engaging in a business similar to that of the employer and/or from soliciting customers of the employer within a specified parish or parishes, municipality or municipalities, or parts thereof, so long as the employer carries on a like business therein, not to exceed a period of two years from termination of employment." LINK
There are plenty of other provisions in the detailed statute, and courts have interpreted and misinterpreted every word of it at one time or another.
You'd have to show the actual contract to a lawyer who is knowledgeable in this area of the law, and give them some background facts, to get a decent answer. Anything else is just guessing.
Posted on 1/19/17 at 3:42 pm to Tommy Callahan
La R.S. 23:921
Posted on 1/20/17 at 5:32 am to mr. penguin
While I'm not a lawyer, it is my understanding that to enforce a non-compete contract the company you left has to show clear evidence that you are costing them money by working for the competitor (taking old customers over, using old company info to help the new company, etc).
No judge will ever let a "big corporation " prevent a "small guy" from simply working. Now, if the small guy is using secret company info or poaching clients, that may be another story .
No judge will ever let a "big corporation " prevent a "small guy" from simply working. Now, if the small guy is using secret company info or poaching clients, that may be another story .
Posted on 1/20/17 at 12:46 pm to Tommy Callahan
I've dealt with non-competes in TX and LA. They are enforceable in both. However, LA is much worse.
It really comes down to how bad your former employer wants to pursue it. Most of the time going to court isn't worth it for either party.
It really comes down to how bad your former employer wants to pursue it. Most of the time going to court isn't worth it for either party.
Posted on 1/21/17 at 8:08 pm to mule74
quote:mine really wanted to enforce it
really comes down to how bad your former employer wants to pursue it. Most of the time going to court isn't worth it for either party.
Posted on 1/21/17 at 8:31 pm to Tommy Callahan
quote:
What are some things that will make it not enforceable?
Not being able to make a living is the best loop hole I have seen used for non competes.
Also if you signed it after you started working there, in can me made invalid if you were not compensated in some fashion. I got those from my lawyer buddy. Apparently most of the time you can argue that you do not have the ability to generate an income with the noncompete and a lot of judges will through it out. I'm no lawyer, just passing this info along
This post was edited on 1/22/17 at 1:10 pm
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