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Message
re: .
Posted on 10/15/14 at 11:38 am to Hawkeye95
Posted on 10/15/14 at 11:38 am to Hawkeye95
quote:
i have never heard of a non compete actually being enforced. I think its just scare tactics.
I have. Numerous times. Often it seems like the employer wants to take the person out of the market not because they can really harm their business, but to send a message to other employees who have non-competes. I mean, it doesn't just "seem" that way.
0
Posted on 10/15/14 at 11:52 am to Hawkeye95
quote:
i have never heard of a non compete actually being enforced. I think its just scare tactics.
Definitely depends on the industry. In mine, they will take you to court if you are profitable enough without hesitation and will usually win.
Posted on 10/17/14 at 6:36 am to Asgard Device
quote:A single employer, or an entire industry?
Do you feel the same way about employers who require union membership as a condition of employment?
Posted on 10/17/14 at 8:27 am to Roaad
Seems odd and ridiculous for a sammich shop to have a non-compete, but doesn't matter as it wouldn't be enforceable.
I had to sign one at both of my previous employers. The non-competes I signed just said I could not solicit clients I did work for while at the firm to go with me if I went to work at a competitor firm. Totally understandable.
I had to sign one at both of my previous employers. The non-competes I signed just said I could not solicit clients I did work for while at the firm to go with me if I went to work at a competitor firm. Totally understandable.
Posted on 10/17/14 at 8:37 am to Tiger n Miami AU83
quote:
Seems odd and ridiculous for a sammich shop to have a non-compete, but doesn't matter as it wouldn't be enforceable.
wrong. enforceable so long as limited in duration and geographic scope. In Louisiana, the max duration is 2 years.
Posted on 10/17/14 at 9:20 am to Ex-Popcorn
When I said enforceable, I'm talking from a practical standpoint, not a legal one under state laws I don't know. Should have been more specific.
Posted on 10/17/14 at 9:43 am to Tigah in the ATL
quote:
that is going to be completely non-enforceable.
That's not entirely correct. To make a non-compete enforceable, I have to give something in exchange. In our case we give money up front in exchange for an employee signing it. At least that's how we write our's here in Texas and we've been able to enforce them.
Posted on 10/17/14 at 11:05 am to lsuroadie
quote:
Louisiana courts
quote:
have been very pro business in deciding non competes
Utterly false
Posted on 10/17/14 at 11:11 am to Hawkeye95
quote:
i have never heard of a non compete actually being enforced. I think its just scare tactics.
Yeah, I was reading on some of that stuff with IT Staffing Agencies recently. I was curious if it's really that big of deal.
Posted on 10/17/14 at 11:18 am to Retrograde
quote:
baybeefeetz
quote:
Retrograde
Thanks, I saw your posts a bit after. Thanks for your insight
Posted on 10/17/14 at 11:19 am to Asgard Device
That's not easily enforced in a case like Jimmy Johns.
Posted on 10/17/14 at 12:47 pm to Asgard Device
quote:Odd. I wasn't aware of any laws requiring NCAs for employment.
Should employees have a right to work without having to agree to a non-compete?
As for private two-party agreements, it's up to those making the agreement. One cannot sign away rights, but, working for a competitor isn't really a right. You still have a right to work after signing a NCA, you simply agreed to specific terms you chose to exercise those rights under.
Keep in mind NCAs are very difficult to enforce. agreements without specific location and time lengths, which would be abandoning ones rights) are 100% unenforceable.
This, like most faux-outrage facebook posts is trite and inconsequential. Waste of time.
This post was edited on 10/17/14 at 2:05 pm
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