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re: Our small Gov telling businesses what they cant do Noncompete clauses in crosshairs
Posted on 1/8/23 at 4:04 pm to Indefatigable
Posted on 1/8/23 at 4:04 pm to Indefatigable
I have litigated them. I’m familiar with how they work, and how they don’t work.
You’re dealing with some fairly unequal bargaining power. The law looks upon them with disfavor and most states have some fairly restrictive limitations on them as a result.
Sure. Employees can negotiate them, but as a practical matter- they don’t have much of a choice.
I think they’re almost as horrendous as arbitration clauses.
You’re dealing with some fairly unequal bargaining power. The law looks upon them with disfavor and most states have some fairly restrictive limitations on them as a result.
Sure. Employees can negotiate them, but as a practical matter- they don’t have much of a choice.
I think they’re almost as horrendous as arbitration clauses.
4
Posted on 1/8/23 at 4:05 pm to Wednesday
quote:
I have litigated them.
This is what they “benefit” more than likely anything else.
Posted on 1/8/23 at 4:07 pm to Wednesday
quote:
You’re dealing with some fairly unequal bargaining power. The law looks upon them with disfavor
You're all a bunch of socialists
-Hayek to Milton Friedman, et al
Posted on 1/8/23 at 4:07 pm to Wednesday
quote:
You’re dealing with some fairly unequal bargaining power.
So?
quote:
The law looks upon them with disfavor and most states have some fairly restrictive limitations on them as a result.
I litigate them regularly as well. On both sides of the issue. This isn’t a legal debate (outside of the federal intervention issue, which we aren’t discussing at the moment) it’s a policy one. And Louisiana has very reasonable restrictions on NCA’s, as you know.
quote:
Sure. Employees can negotiate them, but as a practical matter- they don’t have much of a choice.
Why have employment contracts at all? Everyone has to make money to feed themselves? Why is there any restrictions whatsoever on my ability to earn a paycheck?
quote:
I think they’re almost as horrendous as arbitration clauses.
You practice in Louisiana and you want MORE cases in front of our awful judiciary?
This post was edited on 1/8/23 at 4:09 pm
Posted on 1/8/23 at 4:08 pm to Wednesday
quote:
The law looks upon them with disfavor and most states have some fairly restrictive limitations on them as a result.
Sure. Employees can negotiate them, but as a practical matter- they don’t have much of a choice.
Correct but they have their place.
A friend of mine owns a business and just won a case where a company was started by a few former employees who were in direct competition with him. They went after his clients which they only knew about from working for him. He had NDAs as well as NCs signed. He won but imagine how much weaker his case would be without a NC.
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