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re: Professional non-compete clauses

Posted on 1/4/24 at 7:40 am to
Posted by Duckhammer_77
TD Platinum member
Member since Nov 2016
2710 posts
Posted on 1/4/24 at 7:40 am to
My non-comp lists all parishes individually and it is enforceable in LA. It also list types of work I'm excluded from doing in those areas.
It's just most juries in our state side with David rather than Goliath. That's why mine says we go to court in DE where the parent Co is registered. I know I'm walking away within the next 10 yrs and 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.
Posted by mamey111
Member since Aug 2020
3 posts
Posted on 1/4/24 at 8:04 am to
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.
Posted by Indefatigable
Member since Jan 2019
27170 posts
Posted on 1/4/24 at 9:13 am to
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 by chinhoyang
Member since Jun 2011
23763 posts
Posted on 1/4/24 at 9:44 am to
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
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