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Non Compete Question

Posted on 12/17/22 at 8:31 pm
Posted by HolyBreesus13
NWA
Member since Jul 2013
36 posts
Posted on 12/17/22 at 8:31 pm
I was part of a round of layoffs in August of this year. When I received my separation docs, my company sent me their Non Compete and said that I'd need to adhere to it. I had multiple opportunities in the same industry/space I was in but opted not to pursue those as I didn't want to include a new employer in the "drama".

The Non Compete states that I must not seek competitors in the space for 24 months and any state that they currently do business in (40 states) + any state they anticipate doing business in (?). I was in a mid-level Sales Leadership Role that oversaw 6 states.

I have decided to consult with an Attorney but that process is taking forever. Anybody have any advice? Anyone an Attorney? Thanks!

*In Georgia
This post was edited on 12/17/22 at 8:56 pm
Posted by Texas Ram
Member since Sep 2020
1120 posts
Posted on 12/17/22 at 8:32 pm to
Yea that's not legal.. Good move on getting an attorney
Posted by Cosmo
glassman's guest house
Member since Oct 2003
120268 posts
Posted on 12/17/22 at 8:35 pm to
There is no noncompete if you are fired
Posted by Tiger Prawn
Member since Dec 2016
21898 posts
Posted on 12/17/22 at 8:36 pm to
Tell them to go frick themselves. They laid you off…you didn’t resign or get terminated for cause. They can’t deny you an ability to earn a living. I’ve been told non-competes are difficult to enforce in Louisiana unless its very specific to a narrow geographic area and you can’t go poaching existing clients of the former employer.

Not a lawyer, but recommend you talk to one
Posted by CMBears1259
Baton Rouge
Member since Sep 2005
4024 posts
Posted on 12/17/22 at 8:36 pm to
I was under a 2 year non-compete that just ended 12/4. I consulted with an attorney early on and his interpretation of it was that it was more of non-solicitation of my and the company’s clients and their employees. His opinion was that my former employer could not prevent me from working in my chosen profession, but that I couldn’t touch any business that was a customer of that employer.
Posted by BamaCoaster
God's Gulf
Member since Apr 2016
5265 posts
Posted on 12/17/22 at 8:37 pm to
I’m hiring an insurance agent from another local agency who was just purchased.
She had to sign a non-compete within 5 miles of the agency. I’m within 5 miles of that agency, and I told her not to worry about it.
We’re in AL, and I don’t think it’s enforceable.
Posted by PrecedentedTimes
Member since Dec 2020
3128 posts
Posted on 12/17/22 at 8:38 pm to
Noncompete agreements are like 90% illegal and are written by 1st year law grads throwing shite at the wall to see what sticks.

frick dem hoes baw
Posted by Darth_Vader
A galaxy far, far away
Member since Dec 2011
64579 posts
Posted on 12/17/22 at 8:39 pm to
You’re right for consulting an attorney. This company is trying to frick you over. They can’t enforce a non-compete clause if they lay you off.
Posted by BearCrocs
Member since Aug 2013
6447 posts
Posted on 12/17/22 at 8:39 pm to
Non-Competes/Non-Solicitations are basically bullshite, but if you got laid off and didn't quit or get fired, the non compete is null in void anyway.

Posted by CMBears1259
Baton Rouge
Member since Sep 2005
4024 posts
Posted on 12/17/22 at 8:39 pm to
quote:

There is no noncompete if you are fired


I’m fairly certain that this is not accurate. I guess it may depend on the language of the NC
Posted by Duckhammer_77
TD Platinum member
Member since Nov 2016
2682 posts
Posted on 12/17/22 at 8:40 pm to
They can make the non-compete a condition of receiving the severance package. Weigh the option if you need the money. If you're in LA, most of them are unenforceable under state law.
Posted by Barrister
Member since Jul 2012
4616 posts
Posted on 12/17/22 at 8:41 pm to
Venmo or Cash App? Which is better for you? ( It ain’t a hobby)
Posted by Cosmo
glassman's guest house
Member since Oct 2003
120268 posts
Posted on 12/17/22 at 8:41 pm to
quote:

They can make the non-compete a condition of receiving the severance package.


Yeah thats a different story
Posted by OweO
Plaquemine, La
Member since Sep 2009
113951 posts
Posted on 12/17/22 at 8:43 pm to
Wait, they laid you off and then wanted to dictate where you get a job? frick them. That sounds like some scare tactic bullshite.
Posted by Ric Flair
Charlotte
Member since Oct 2005
13657 posts
Posted on 12/17/22 at 8:43 pm to
Being laid off should void any noncompete clause.

If a doctor quits his job and opens a practice across the street from old job, it’s one thing. Or an industry salesman who drags up but then visits his former clients to get them to switch to his new company’s product.

They laid you off. No way could they prevent you from earning a living.
Posted by LSUSkip
Central, LA
Member since Jul 2012
17553 posts
Posted on 12/17/22 at 8:47 pm to
It shouldn't be valid if you were laid off, but they could coerce you to sign it "voluntarily" as a condition of severance. Definitely consult a lawyer, every state has different laws.
Posted by BeachDude022
Premium Elite Platinum TD Member
Member since Dec 2006
34813 posts
Posted on 12/17/22 at 8:52 pm to
Def talk to a lawyer. I hear La non-competes don’t really hold any water. I’m in Texas and I’ve had an employer block me and threaten to sue me twice for violating their non-compete. Apparently they take that seriously here. It’s prob diff in every state.
Posted by Texas Ram
Member since Sep 2020
1120 posts
Posted on 12/17/22 at 8:53 pm to
You know the rules...post dem pics.
Posted by LRB1967
Tennessee
Member since Dec 2020
15605 posts
Posted on 12/17/22 at 8:53 pm to
Non Compete agreements go out the window if you are laid off.
Posted by Sus-Scrofa
Member since Feb 2013
8152 posts
Posted on 12/17/22 at 8:55 pm to
Did you agree to the non-compete when you signed up?
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