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headboard banger
LSU Fan
Dark side of the Moon
Member since Jan 2005
2137 posts

No compete contract clause ?


How hard are they to enforce in La from an out of state company?

Thanks in advance







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Broke
LSU Fan
AKA Buttercup
Member since Sep 2006
54553 posts

re: No compete contract clause ?


Hard.





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LSURussian
LSU Fan
Baton Rouge
Member since Feb 2005
76159 posts

re: No compete contract clause ?


quote:

How hard are they to enforce in La from an out of state company?


How well do you know the judge???






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Mr.Perfect
Louisiana
Member since Mar 2013
3141 posts
 Online 

re: No compete contract clause ?


Industry might help





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Teddy Ruxpin
LSU Fan
New Orleans, LA
Member since Oct 2006
17183 posts

re: No compete contract clause ?


quote:

Hard.


Yup.

They have to specifically name parishes you can't compete in too. That's the requirement that kind of stuck to me when I learned it.

They can't put, "Gosh darn it, he can't be tryin' to work for our competition in this god forsaken state, he's just gonna have to go to Texas!"




This post was edited on 7/12 at 2:39 pm


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guttata
LSU Fan
prairieville
Member since Feb 2006
19848 posts
 Online 

re: No compete contract clause ?


Hard to enforce. They can't stop you from making a living.





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OldSouth
LSU Fan
Folsom, LA
Member since Oct 2011
7880 posts

re: No compete contract clause ?


What if you start your own business that sells the same thing?





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Mr.Perfect
Louisiana
Member since Mar 2013
3141 posts
 Online 

re: No compete contract clause ?


Right. But if you have a large company with a lot of branch offices the might be listed. Mine has tons listed





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Draconian Sanctions
LSU Fan
Austin, TX
Member since Oct 2008
38345 posts

re: No compete contract clause ?


Tough. the State of Louisiana does not like to restrict the free flow of commerce nor a person's ability to provide for themselves and their family in their chosen profession. Thank you Professor Lonegrass





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Volvagia
LSU Fan
Baton Rouge
Member since Mar 2006
39885 posts

re: No compete contract clause ?


quote:

They can't put, "Gosh darn it, he can't be tryin' to work for our competition in this god forsaken state, he's just gonna have to go to Texas!"


He'd probably be better for it though






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OldSouth
LSU Fan
Folsom, LA
Member since Oct 2011
7880 posts

re: No compete contract clause ?


quote:

What if you start your own business that sells the same thing?
Anyone?






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VABuckeye
Ohio State Fan
Oak Hill, VA
Member since Dec 2007
9901 posts

re: No compete contract clause ?


quote:

What if you start your own business that sells the same thing?


Are you looking to raid their client list top to bottom?






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OldSouth
LSU Fan
Folsom, LA
Member since Oct 2011
7880 posts

re: No compete contract clause ?


quote:

Are you looking to raid their client list top to bottom?
No, what's funny is that's how this company was started.






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guttata
LSU Fan
prairieville
Member since Feb 2006
19848 posts
 Online 

re: No compete contract clause ?


I think the pest control business is notorious for this. The guy that does our house used to work for a local company and when that company was bought out by the big company, this guy decided to go on his own. The big company is trying to sue him for taking their clients.





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jimbeam
USA Fan
University of LSU
Member since Oct 2011
26959 posts
 Online 

re: No compete contract clause ?


I want to start my own business one day and always wondered about this.





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TheLankiestLawyer
Member since Jun 2013
1803 posts

re: No compete contract clause ?


This is not legal advice, but here is an article discussing the topic:

LINK






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Overbrook
Tulane Fan
Member since May 2013
1079 posts

re: No compete contract clause ?


Noncompetes have to be narrow geographically, in the type of work you are forbidden to perform, and have to have a reasonable duration.





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CaribbeanDemon
LSU Fan
Caribbean
Member since Jun 2007
1284 posts

re: No compete contract clause ?


They are starting to enforce them more and more now in Louisiana. Look to see if you can find an article in the Louisiana bar journal magazine in the last year that does a pretty good job of explaining the current situation





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