re: Professional non-compete clauses

If you’re good at what you do and are approached by another employer, ask that they buy out your contract or indemnify you if your former employer goes after you for violating the agreement.

I redlined one that was dropped on me a year into the job. They just threw up their hands and said “Nevermind, don’t sign”.

Depends on the scope and duration. This is purely anecdotal from prior experience.

Trying to prevent somebody from working in your industry in a geographic area probably won’t hold as you’re preventing them from making a living. It’s a “non compete” not a “non existence” agreement.

However, preventing them from soliciting business from their former or other company clients for 12 months is more enforceable. In reality, these usually end up in some type of legal settlement and most clients don’t want to get hauled int a legal matter. We’ve had situations where we’ve informed clients that ex-employee is under a non compete and they would shy away from working with them because of this. Who wants to do business with someone that openly breaks an agreement?

The reality is that the employee should live up to what they signed and if the company can’t hold on to their clients after 12 months that’s their problem.

ETA: also, if you have to sign it as part of your employment agreement you received “consideration” for it and it’s more enforceable. If they force it in you after employment with no consideration, less so.

Now, I have seen sales people get nailed to the wall by leaving and taking client and company info to use in soliciting clients.

I always tell anyone coming on board to NOT take anything from your old employer, specifically client lists, contact info, pricing, etc.

Everybody does it but it better be untraceable.

Choice of forum clauses in non-competes are not valid or enforceable in Louisiana, just letting you know in case it is important in your situation. In order for it to be valid, you have to consent to Delaware jurisdiction AFTER you have left and started working for the competitor or when your former employer tries to enforce after you no longer work there. If it lists all the parishes though, then its likely enforceable, but they would have to enforce it here in Louisiana, not Delaware.

la 23:921
2) The provisions of every employment contract or agreement, or provisions thereof, by which any foreign or domestic employer or any other person or entity includes a choice of forum clause or choice of law clause in an employee's contract of employment or collective bargaining agreement, or attempts to enforce either a choice of forum clause or choice of law clause in any civil or administrative action involving an employee, shall be null and void except where the choice of forum clause or choice of law clause is expressly, knowingly, and voluntarily agreed to and ratified by the employee after the occurrence of the incident which is the subject of the civil or administrative action.

You are being fleeced by your lawyers they aren’t worth the paper they are written on.

I've worked for companies that required signing non-compete and non-recruit clauses. I've seen both obviously violated on multiple occasions but nothing ever pursued. They felt more like deterrents than anything else.

You people when you get the damn non compete if Louisiana is so hard on enforcing them edit the thing to what you want send it back in some 15 dollar an hour HR generalist sticks it in a file & they won’t realize a damn thing until it’s litigated

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Your friend will 100% lose that case if in Louisiana.

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It is not

Really? Does the scope factor in?

My old employer (North Carolina) had to change theirs as it restricted any soliciting business at all in any county where they did or had previously done business….which was almost the whole state. Also included “previous” clients in the list of those you couldn’t solicit. Which is bullshite TBH.

The attorneys told them this wouldn’t hold up as you can’t expect somebody to move out of state to continue their work.

I’m breaking mine this week actually. I’ve spoken to two employment attorneys who have educated me tremendously and have decided I’m good to go.

These agreements must be written in an outrageously specific manner in order to hold up in Louisiana and mine is all over the place with contradicting statements, over broad language, and a restricted territory that isn’t anywhere near specific enough. On top of all of that, I signed it before my first day of employment which also calls into question the validity of the contract.

You can’t just say the employee is prohibited from working in “similar business or having similar responsibilities”. You have to specify what type of business they’re prohibited from working in and you have to specify what municipalities the employee can’t work in. Saying “similar business anywhere where the company has or previously had customers in any state of the United States of America” is too broad. Louisiana requires it to state every single parish and every single state the employee is prohibited from working.

They can restrict your right to work but they have to do it in a very specific manner in order to be enforceable.