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Started By
Message
Posted on 1/4/24 at 8:58 am to GasMan
Non compete contracts are dumb
Posted on 1/4/24 at 9:03 am to 3nOut
quote:Do you have a PE? if not you are violating Louisiana law.
I’m a sales engineer
Posted on 1/4/24 at 9:13 am to Duckhammer_77
quote:
I'm laying ground work now to make it difficult to prove that I would be breaking the one-yr non-comp when I keep working.
By posting your intention to breach your employment agreement on the Internet?
Posted on 1/4/24 at 9:15 am to GasMan
I signed one here in Arkansas but my company has very little say on how they can control my means of providing for my family. The guy who's job I now have went and worked for a competitor and my company didn't do shite about it
Posted on 1/4/24 at 9:17 am to VetteGuy
quote:
They aren't difficult to enforce. Your company needs new legal counsel.
Oh I’m long gone. Don’t matter to me no more.
Posted on 1/4/24 at 9:20 am to VetteGuy
quote:Every time this topic comes up on the OT it is flooded with idiots who have no idea claiming they are unenforceable or difficult to enforce. In most jurisdictions, that isn’t true at all. Despite being informed of that, the general moron posting on the OT goes on repeating the same bullshite with confidence like he has a clue. It is a pretty remarkable phenomenon.
They aren't difficult to enforce. Your company needs new legal counsel.
Posted on 1/4/24 at 9:21 am to GasMan
A few weeks ago, I spoke at a seminar about non-competes.
The FTC is proposing a rule to outlaw non-competes in most situations. They would not ban non-solicitation agreements, or agreements to protect proprietary information. The proposed rule would apply to independent contractors. It also would apply retroactively.
Every state has different requirements and exemptions (e.g. in several states, beauticians may not be subjected to a non-compete agreement).
The FTC is proposing a rule to outlaw non-competes in most situations. They would not ban non-solicitation agreements, or agreements to protect proprietary information. The proposed rule would apply to independent contractors. It also would apply retroactively.
Every state has different requirements and exemptions (e.g. in several states, beauticians may not be subjected to a non-compete agreement).
This post was edited on 1/4/24 at 9:25 am
Posted on 1/4/24 at 9:21 am to VetteGuy
quote:
They aren't difficult to enforce.
I love declarative statements like this about nuanced matters. They absolutely can be difficult to enforce. They can also be illegal in some instances.
Posted on 1/4/24 at 9:22 am to TigerGman
I had a friend that worked for a competitor and was laid off. She was contacted by a few others companies but her former company gave her notice that they would be enforcing the non compete.
This is in Louisiana
This is in Louisiana
Posted on 1/4/24 at 9:29 am to Gorilla Ball
quote:
I had a friend that worked for a competitor and was laid off. She was contacted by a few others companies but her former company gave her notice that they would be enforcing the non compete.
This is in Louisiana
If drafted correctly, non-competition agreements are generally enforceable. A large percentage are not drafted correctly for Louisiana.
Here's a great example of a bad one:
"... Employee’s obligations under this subsection (Non-Competition) will not continue after his or her employment hereunder ends if his or her employment is terminated (I) by EMPLOYER other than (x) for cause or (y) in connection with a transfer to, or otherwise becoming an employee of, another EMPLOYER Member Company, or (ii) by Employee other than for Good Reason ...”
The contract defined a "good reason" for the employee to terminate employment, including a reduction in pay reduction in hours. Quitting to take another job was not a "good reason." However, the agreement says that the non-compete provision does not apply if the employee leaves "OTHER than for good reason." The new employer that hired the person subject to the agreement pointed out that the employee quit for a bad reason (by the terms of the contract) so the non-compete would not apply.
It was a typo, but the former employer drafted it. No suit was filed because the prior employer knew that they screwed up the agreement.
Posted on 1/4/24 at 9:31 am to Mo Jeaux
quote:
I love declarative statements like this about nuanced matters. They absolutely can be difficult to enforce. They can also be illegal in some instances.
Every thread on non-compete agreements has the same problem. In many states, they can be enforced but there is almost always an inference or presumption against their enforcability.
Posted on 1/4/24 at 9:36 am to chinhoyang
quote:The inference or presumption is then followed by an “unless,” which proceeds to provide a roadmap to drafting an enforceable non-compete in most jurisdictions. Many (probably most) non-compete agreements, if drafted by competent and experienced counsel, are likely enforceable, but the enforceability of almost any non compete is going to be a very fact specific analysis and differ based on the jurisdiction. Nuances the average person and the OT almost always ignore.
there is almost always an inference or presumption against their enforcability.
This post was edited on 1/4/24 at 9:37 am
Posted on 1/4/24 at 9:44 am to Duckhammer_77
quote:
That's why mine says we go to court in DE where the parent Co is registered.
There are good arguments to support a contention that a requirement to litigate an employment related claim in Delaware violates Louisiana law.
Note: This is a general statement and is not intended to provide you with specific legal advice.
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."
The "incident" would be the breach.
This post was edited on 1/4/24 at 9:51 am
Posted on 1/4/24 at 9:46 am to GasMan
I have access to confidential engineering and performance data. I never move any of that, or client data off of my company computer. If any of that data is shared with a client, my engineering team secures an NDA first and then shares using secure file transfer and passwords sent in separate emails.
If I were to leave, as long as I don't take any data I'm good. The only stipulation I have is that any product ideas that I have that can be patented belong to my now current employer if I act within a year of leaving. After a year, I'd be clear.
If I were to leave, as long as I don't take any data I'm good. The only stipulation I have is that any product ideas that I have that can be patented belong to my now current employer if I act within a year of leaving. After a year, I'd be clear.
Posted on 1/4/24 at 9:46 am to GasMan
Worked for an IT Consulting firm fresh out of college. After 2.5 years one of our clients hired me internally. They tried to enforce the no compete and it got absolutely no where I still resigned gave a 2 week notice and started new job. I laughed at them and told them good luck.
Posted on 1/4/24 at 9:57 am to ronricks
I worked as an executive for the worst bbq restaurant company in the world…rhymes with Hickies…I didn’t have a contract but after 6 months they wanted me to sign a non-compete…I did some research and signed it handed it to my boss and laughed in his face how utterly useless that thing was…they gave the same document to everyone in the corporate office to sign…Laughable
Posted on 1/4/24 at 9:58 am to CarRamrod
quote:
Do you have a PE? if not you are violating Louisiana law.
I’m in Texas.
Posted on 1/4/24 at 10:00 am to thekid
quote:
I did some research and signed it handed it to my boss and laughed in his face how utterly useless that thing was
Again, that kind of depends, but I will say that I do know that some companies will force these on employees even where they know that it will likely not be enforceable (or not entirely enforceable). They figure if it scares a certain percentage of employees, then it's worth it.
Posted on 1/4/24 at 10:02 am to Mo Jeaux
quote:
They figure if it scares a certain percentage of employees, then it's worth it.
Bingo. It is used as a scare tactic to try and retain employees.
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