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re: Non - compete clauses in employment contracts?
Posted on 5/7/14 at 4:51 pm to boosiebadazz
Posted on 5/7/14 at 4:51 pm to boosiebadazz
Type of business must be defined, the parish, parishes, county or counties where the individual is prohibited from competing must be specifically listed (certain amount of miles from a certain point is not valid), the company enforcing the non-compete must actually do business in those listed places, and it can't be longer than two years from the termination of employment.
2
Posted on 5/7/14 at 4:52 pm to dave11
Good stuff. Thanks.
Posted on 5/7/14 at 4:52 pm to Crimson G
quote:
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.
Probably a competitor that has the resources to be an a-hole.
Posted on 5/7/14 at 4:55 pm to boom roasted
quote:
Lexis never really stuck. I felt much more comfortable with WestLaw. However, it's hard to argue with $180/month.
Other than toying w/ it in law school, I never used it before my current firm. But the Advance (similar to WestLaw Next) is much better than the prior version I used, and I really don't mind it at all.
Our firm IT did an informal survey about switching, and although when I first started I was all about moving to WestLaw, by the time we got around to considering it I really didn't care one way or the other.
Posted on 5/7/14 at 4:58 pm to Pettifogger
Westlaw is always best but is ridic price for a solo. I used Lexis but dropped it once I decided to focus on crim.
Posted on 5/7/14 at 5:02 pm to Tiger Attorney
I am told that they will sometimes be enforce if you limit the time period to 2 years or less and limit it to a couple parishes
Posted on 5/7/14 at 5:09 pm to Cajun Revolution
quote:
According to my Biz Law professor at LSU these are rarely enforced by courts in LA against individuals
Ah yes, Phil Breaux
Posted on 5/7/14 at 5:14 pm to dave11
Thank you
Posted on 5/7/14 at 5:17 pm to Pettifogger
I stopped both services. I use Fastcase and Casemaker.
Posted on 5/7/14 at 5:24 pm to ElderTiger
quote:
Not enforceable in Louisiana...I know from 1st-hand experience
that's not true. if they comply with the statute they are acceptable.
Posted on 5/7/14 at 5:32 pm to Tiger Attorney
None has ever held up in LA when contested. Most individual/ company just does not want to test it due to the headaches.
Posted on 5/7/14 at 5:45 pm to Tiger Attorney
i've argued over one in a hearing before, if that's what you're asking. my client had the NC. we won
Posted on 5/7/14 at 5:46 pm to 9Fiddy
quote:
$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.
i think most pest companies have NCs for that level of employees. a lot of the caselaw in this area is from pest companies
Posted on 5/7/14 at 5:47 pm to boom roasted
quote:
I'm pretty much solo so I'm starting to price my options.
don't forget about fastcase, which is free if you're an LSBA member
Posted on 5/7/14 at 6:42 pm to SlowFlowPro
This was actually the 1L appellate brief topic at LSU this year.
Posted on 5/7/14 at 6:59 pm to BayouBandit24
quote:
Not enforceable in Louisiana...I know from 1st-hand experience that's not true. if they comply with the statute they are acceptable.
Then things have changed in the last ten years. I know the company I retired from spent a lot of money trying to enforce and was told that they would not stand up. We were a nation- wide company and even tried to get them written on a state specific basis. We were then told that if there was a chance that employees could be transferred to other states, that could be a problem.
It was at that point we ramped up the incentive plan and turnover was reduced and the concern for losing folks to the competition went down.
It was great all the way around.
I actually thought the non-competes were nuts but as a well-compensated manager, I had to toe the company line.
No regrets, for sure.
Posted on 5/7/14 at 9:59 pm to AutoYes_Clown
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)
Pretty damn good.
Posted on 5/7/14 at 10:14 pm to GaryMyMan
They cannot keep you from eating! U don't need a good lawaholic for that.
Posted on 5/7/14 at 10:15 pm to Tiger Attorney
You can hire him with no problem for you but he could have a problem if it is valid and enforceable.
Posted on 5/7/14 at 10:17 pm to ElderTiger
[Not enforceable in Louisiana...I know from 1st-hand experience. [/quote]
Absolutely false.
Absolutely false.
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