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Started By
Message
re: Our small Gov telling businesses what they cant do Noncompete clauses in crosshairs
Posted on 1/8/23 at 4:07 pm to Wednesday
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
3
Posted on 1/8/23 at 4:09 pm to Indefatigable
Our awful judiciary? Like, as a general matter? What’s wrong with our judiciary?
Posted on 1/8/23 at 4:11 pm to Indefatigable
quote:
Why is there any restrictions whatsoever on my ability to earn a paycheck?
If you want to go that route, and you are in Louisiana, then you need to attack the Louisiana Contractors board, etc
The amount of licensing in LA to open and operate any business impedes commerce more than any employment contract ever could.
Why do we need a florist license and board?
Posted on 1/8/23 at 4:35 pm to Indefatigable
quote:
You practice in Louisiana and you want MORE cases in front of our awful judiciary?
Arbitration contracts in adhesion contracts are a terrible idea. But, yes, I agree the La judiciary has some problems.
From a political standpoint, The FTC doesn’t need to be setting limits for n noncompete clauses, I agree.
Noncompete clauses have their place, but by and large I’m mistrustful of them and think they’re an invitation to pointless litigation for litigation’s sake.
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