re: I just got laid off - AMA

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He was laid off. No non-competes are going to be valid after a layoff - not unless he had sold a company to them, or something like that.

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I thought this same thing, but I recently had a friend that was laid off. Out of the blue, huge layoff by her company.

Shortly after, she got a good offer from a different company, and the prior company said they would enforce the non compete. I told her I was pretty sure it was BS. But she said she went to any attorney, and they can still pursue it. And even if she could win, the hiring company probably won't hire her knowing that the NC will be pursued.

I think it's absolutely garbage and a shitty thing to do. But according to her, it is still valid after a lay off.

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He was laid off. No non-competes are going to be valid after a layoff - not unless he had sold a company to them, or something like that.

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I literally just spoke to an employment attorney yesterday about this very issue. My company has been doing layoffs and firings left and right since June so I reached out to an attorney to get some insight as to what my options are if I were to be laid off or fired.

He explained that even if I am laid off or fired, the non-compete I signed with my company would still be enforceable in Louisiana as long as it originally holds up under Louisiana law. Luckily for me, I signed it as a condition of employment before my start date and therefore it is not valid under state law. He explained that the law in Louisiana states that a non-compete is between an employee and an employer and because I signed it before I was an employee, I can tell my company to go frick itself if they ever try to enforce it. There were other reasons it wouldn't hold up too, not just that one. Best attorney fee I've ever paid in my life.