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Started By
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How enforceable are non-compete clauses in LA?
Posted on 1/9/15 at 9:06 am
Posted on 1/9/15 at 9:06 am
Just wondering is it might come up in the next few weeks.. 
13
Posted on 1/9/15 at 9:07 am to yankeeundercover
Why oh why would you sign a non-compete?
Posted on 1/9/15 at 9:07 am to yankeeundercover
In Louisiana? 7 or 8
This post was edited on 1/9/15 at 9:08 am
Posted on 1/9/15 at 9:08 am to yankeeundercover
Why don't you try keeping a job for more than 4 months?
Frigging loser.
Hope you are well.
Frigging loser.
Hope you are well.
Posted on 1/9/15 at 9:10 am to yankeeundercover
depends on your job. What is it that you do?
Most of the time they are not worth the paper they are written on in most states.
Most of the time they are not worth the paper they are written on in most states.
This post was edited on 1/9/15 at 10:09 am
Posted on 1/9/15 at 9:12 am to LCA131
They are enforceable as long as they are written correctly. It has to have specific language about how far out the non-compete is to go. It can't just say you cannot compete in the whole state as that is considered restraint of trade. It has to be specific like, you cannot perform same task or duties within a certain mile radius or city.
Posted on 1/9/15 at 9:13 am to yankeeundercover
Limited time period (2 years or less I believe) specific parishes listed will generally be enforced
Posted on 1/9/15 at 9:15 am to yankeeundercover
They are enforceable, but they have to be well written. I've gotten them enforced a number of times. Most internet forms are invalid, because they identify the area within which you cannot compete by miles (e.g. 100 miles of Baton Rouge). In Louisiana, the non-compete must specify the cities and parishes within which you cannot compete.
It used to be impossible in La. to stop someone from competing as an employee of another company. SWAT24 v. Bond forced the La. legislature to change the statute. Now, a non-compete can prevent you from competing as an employee.
They have to be reasonable in duration and distance, and the former employer must still be engaged in the same or similar business.
You'll get some inaccurate b.s. on this thread, by the way.
It used to be impossible in La. to stop someone from competing as an employee of another company. SWAT24 v. Bond forced the La. legislature to change the statute. Now, a non-compete can prevent you from competing as an employee.
They have to be reasonable in duration and distance, and the former employer must still be engaged in the same or similar business.
You'll get some inaccurate b.s. on this thread, by the way.
Posted on 1/9/15 at 9:16 am to kevg33
specificity is only one hurdle you must meet.
This post was edited on 1/9/15 at 9:19 am
Posted on 1/9/15 at 9:17 am to chinhoyang
Some non-competes have a choice of law provision that provides that they are interpreted by the laws of another state. Those should be ignored by the Court if the former employer is trying to keep you from competing in Louisiana (assuming your work was based here).
Posted on 1/9/15 at 9:17 am to yankeeundercover
You can come work in my field, but you would have to go back and get an engineering degree.
Long term money greater than short term ramen noodles.
Long term money greater than short term ramen noodles.
Posted on 1/9/15 at 9:18 am to Duckie
quote:
Most of the time they are not worth the paper they are written on.
A lot of people think that until the Court slams the door on them.
Posted on 1/9/15 at 9:19 am to chinhoyang
quote:
A lot of people think that until the Court slams the door on them.
no, it just depends on the job and the relationship with the employer.
This post was edited on 1/9/15 at 9:21 am
Posted on 1/9/15 at 9:19 am to Duckie
quote:I'm a recruiter and I'm thinking about going into a company to recruit internally... I wouldn't be prospecting for clients, but it would be the same 'job'... but in a different capacity.
depends on your job. What is it that you do?
An analogy that comes to mind would be something like a lawyer who practices DUI defense and then wants to get into Divorce...? While they're both lawyers, they're not even close to the same thing... does that make sense?
Posted on 1/9/15 at 9:20 am to yankeeundercover
Before you sign, it would be money well spent to meet with a lawyer to determine whether the agreement would be enforceable. You generally won't get a definitive "no" or "yes," since the courts tend to be somewhat inconsistent in their willingness to enforce non-competes.
Whatever you do, don't sign one assuming the employer won't enforce it.
It is a technical area and only by reviewing the specific, proposed agreement can a lawyer determine the odds of it being enforced.
Whatever you do, don't sign one assuming the employer won't enforce it.
It is a technical area and only by reviewing the specific, proposed agreement can a lawyer determine the odds of it being enforced.
Posted on 1/9/15 at 9:22 am to yankeeundercover
Honestly, it's impossible to tell you the answer without looking at the non compete and analyzing the situation.
They can still take you to court if they want.
They can still take you to court if they want.
Posted on 1/9/15 at 9:23 am to Duckie
quote:How the frick am I supposed to get a copy now?
Honestly, it's impossible to tell you the answer without looking at the non compete and analyzing the situation
Posted on 1/9/15 at 9:23 am to chinhoyang
Don't listen to anything that comes out of the train jumpers mouth. Just saying
Posted on 1/9/15 at 9:24 am to chinhoyang
quote:
Before you sign, it would be money well spent to meet with a lawyer to determine whether the agreement would be enforceable. You generally won't get a definitive "no" or "yes," since the courts tend to be somewhat inconsistent in their willingness to enforce non-competes.
exactly. YOu need to meet with an attorney. That attorney will read the non compete, tell you your chances of success, tell you that depending on your relationship with the employer and their past history to sue for these issues you will/will no be taken to court.
Again, they can still sue you if they want to make you miserable. I've seen former businesses do it out of spite.
Just be very careful on your exit of the company and have your attorney go over this with you.
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