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re: Non - compete clauses in employment contracts?

Posted on 5/7/14 at 4:37 pm to
Posted by Tiger Attorney
New Orleans
Member since Oct 2007
19663 posts
Posted on 5/7/14 at 4:37 pm to
No...what lawyer would be 14 per hour?
Posted by Pettifogger
Capitol Hill Autonomous Zone
Member since Feb 2012
79202 posts
Posted on 5/7/14 at 4:37 pm to
quote:

quote:
Yeah, naturally ask the OT instead of Westlaw.
You in law school?


Attorney and former employment attorney.
Posted by boom roasted
Member since Sep 2010
28039 posts
Posted on 5/7/14 at 4:38 pm to
Gotcha. How much do you pay for WestLaw/month?
Posted by biglego
Ask your mom where I been
Member since Nov 2007
76307 posts
Posted on 5/7/14 at 4:39 pm to
Fast case is your friend
Posted by boom roasted
Member since Sep 2010
28039 posts
Posted on 5/7/14 at 4:40 pm to
Not nearly as good as Westlaw.
Posted by biglego
Ask your mom where I been
Member since Nov 2007
76307 posts
Posted on 5/7/14 at 4:40 pm to
But it's so free and good enough for most things
Posted by 9Fiddy
19th Hole
Member since Jan 2007
64056 posts
Posted on 5/7/14 at 4:41 pm to
quote:

...just a $14 an hour common job.

$14 an hour and he has a non compete at his prev employer? Is he taking a massive pay cut to get to $14 with you? I just don't see the point of making someone sign a non compete for such a low paying job.
Posted by jchamil
Member since Nov 2009
16489 posts
Posted on 5/7/14 at 4:41 pm to
quote:

Fast case is your friend


I've never even heard of this. How long has it been around?
Posted by dave11
new orleans
Member since Jan 2004
625 posts
Posted on 5/7/14 at 4:41 pm to
I do employment work. Deal with these a lot. They are definitely enforceable if correctly drafted. In fact, courts are becoming more open to enforcing them through injunctive relief.
Posted by boom roasted
Member since Sep 2010
28039 posts
Posted on 5/7/14 at 4:42 pm to
It is good for most, but I like the other features of WestLaw. I like the free forms, free treatises and the sections that follow the statutes providing case history.
Posted by Pettifogger
Capitol Hill Autonomous Zone
Member since Feb 2012
79202 posts
Posted on 5/7/14 at 4:42 pm to
quote:

Gotcha. How much do you pay for WestLaw/month?



Well, firm is actually Lexis, and I'm not sure how much we pay. I don't think it is too much, 300-400 maybe? Last firm was WestLaw, and it was double or more because we had some specialty access for admin law stuff.
Posted by boosiebadazz
Member since Feb 2008
80229 posts
Posted on 5/7/14 at 4:42 pm to
quote:

if correctly drafted


Generally, what does this entail?
Posted by Tiger Attorney
New Orleans
Member since Oct 2007
19663 posts
Posted on 5/7/14 at 4:43 pm to
The other company is a huge a-hole.


Thank you, guys....the statute I knew...I was looking for any first hand experience to see how it is being enforced.
Posted by boom roasted
Member since Sep 2010
28039 posts
Posted on 5/7/14 at 4:43 pm to
10-4. I'm pretty much solo so I'm starting to price my options.
Posted by Pettifogger
Capitol Hill Autonomous Zone
Member since Feb 2012
79202 posts
Posted on 5/7/14 at 4:46 pm to
quote:

10-4. I'm pretty much solo so I'm starting to price my options.



I think Lexis Advance solo is like 180 flat fee or something similar. I'd probably choose WestLaw, but I don't mind Lexis.
Posted by AutoYes_Clown
Baton Rouge, LA
Member since Oct 2012
5175 posts
Posted on 5/7/14 at 4:47 pm to
Each one is different but I know of some that upheld in court in LA, but they were for sales territories and the employees burned bridges.

A work around for a "common job" is to create an official job description that is specific and outside of the non-compete. (ie He's not a mechanic, he's a brake technician)
Posted by boom roasted
Member since Sep 2010
28039 posts
Posted on 5/7/14 at 4:47 pm to
Lexis never really stuck. I felt much more comfortable with WestLaw. However, it's hard to argue with $180/month.
This post was edited on 5/7/14 at 4:48 pm
Posted by jeff5891
Member since Aug 2011
15761 posts
Posted on 5/7/14 at 4:48 pm to
quote:

these are rarely enforced by courts in LA against individuals
Don't tell him that
This post was edited on 5/7/14 at 4:49 pm
Posted by Corkfather
Houston
Member since Sep 2007
19748 posts
Posted on 5/7/14 at 4:48 pm to
quote:

A work around for a "common job" is to create an official job description that is specific and outside of the non-compete. (ie He's not a mechanic, he's a brake technician)


Hmmm. Interesting.
Posted by Crimson G
Atlanta
Member since Jul 2013
1353 posts
Posted on 5/7/14 at 4:50 pm to
quote:

I just don't see the point of making someone sign a non compete for such a low paying job.

My thoughts exactly. I've never heard of an unskilled hourly position requiring a non-compete clause.
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