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Non Compete Clause

Posted on 11/19/14 at 5:33 pm
Posted by Ryno_Kill
Member since Jan 2004
2408 posts
Posted on 11/19/14 at 5:33 pm
Should I be scared?
Posted by Iowa Golfer
Heaven
Member since Dec 2013
10230 posts
Posted on 11/19/14 at 5:51 pm to
Depends what state. Also depends if it is a non compete, or non piracy.
Posted by I Love Bama
Alabama
Member since Nov 2007
37702 posts
Posted on 11/19/14 at 6:12 pm to
Nope. I sign and laugh. 90% of the time it is a scare tactic. Alabama courts would laugh at the sight of one.
Posted by Nappy
New Orleans
Member since Feb 2005
133 posts
Posted on 11/19/14 at 7:21 pm to
My firm is currently trying to get me to sign one. I have held out so far, but I am unsure what the outcome will be if I don't sign. I am really leaning towards not signing it as I don't feel the agreement is fair to me.
This post was edited on 11/19/14 at 7:22 pm
Posted by agdoctor
Louisiana
Member since Dec 2004
3142 posts
Posted on 11/19/14 at 7:30 pm to
My understanding that as an employee the clause is unenforceable. It would be different if you sold a business then tried to start up a new one in direct competition.
Posted by OTIS2
NoLA
Member since Jul 2008
50109 posts
Posted on 11/19/14 at 8:31 pm to
Get it reviewed by an attorney. It may not be enforceable .
Posted by 756
Member since Sep 2004
14865 posts
Posted on 11/19/14 at 9:59 pm to
In Louisiana it can only be within a parish and even then it is difficult to enforce
Posted by IT_Dawg
Georgia
Member since Oct 2012
21767 posts
Posted on 11/20/14 at 2:04 am to
quote:


Non Compete Clause




quote:

Should I be scared?


99% of the time they are scare tactics....

In sales, if you leave, just have the customer "call you" after you switch jobs....

The only place a non-compete holds water is intellectual property
Posted by Creamer
louisiana
Member since Jul 2010
2817 posts
Posted on 11/20/14 at 6:26 am to
In LA they are typically only enforced if you are given a pay raise, promotion, or some type of bonus in return for signing it. Even if you are given something for signing, LA courts are very hesitant to enforce. If they don't offer you anything in return it is worthless in the courts eyes.
Posted by NEWBIE
Member since Jun 2008
196 posts
Posted on 11/20/14 at 12:59 pm to
There is some horrible advice in this thread.

Non compete clauses are enforceable in Louisiana; however, they are heavily disfavored. They must be limited in scope and duration. This can vary greatly depending on the industry.

Speak with an attorney for your unique situation.
This post was edited on 11/20/14 at 1:21 pm
Posted by Meauxjeaux
98836 posts including my alters
Member since Jun 2005
39933 posts
Posted on 11/20/14 at 7:35 pm to
That!
Posted by Ex-Popcorn
Member since Nov 2005
2128 posts
Posted on 11/21/14 at 10:18 am to
quote:

In Louisiana it can only be within a parish and even then it is difficult to enforce


False.
Posted by LSU0358
Member since Jan 2005
7918 posts
Posted on 11/21/14 at 10:32 am to
quote:

There is some horrible advice in this thread.

Non compete clauses are enforceable in Louisiana; however, they are heavily disfavored. They must be limited in scope and duration. This can vary greatly depending on the industry.

Speak with an attorney for your unique situation.


In general they aren't a problem. But as someone above mentioned talk with a lawyer to make sure you don't get yourself in a bind.
Posted by diat150
Louisiana
Member since Jun 2005
43519 posts
Posted on 11/21/14 at 10:50 am to
are they going to sign a contract to keep you on board no matter what? if not, frick em.
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