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Started By
Message
re: Signing a "non-compete" almost a year after starting a job?
Posted on 3/6/15 at 5:59 am to TigerGman
Posted on 3/6/15 at 5:59 am to TigerGman
quote:
Signing a "non-compete" almost a year after starting a job? quote: They're pretty hard to enforce anyway. quote: In Louisiana pretty worthless Here we go again. You "bartender lawyers" couldn't be more wrong. In Louisiana they're perfectly legal and favored in the law. They are enforced all the time and typically have an attorney fee clause and if you challenge in court and lose ( which you probably will) you'll pay your attorney & also pay the company's lawyer for the pleasure.
And if he refuses to sign he'll probably get fired.
Now don't come barging in here with the truth.
Posted on 3/6/15 at 6:03 am to Kickadawgitfeelsgood
quote:
What type of work do you do? What type of competition does your employer face for your skills?
This
+++
As in, every individual circumstance is different, some situations would be a negative, others a positive and some it really wouldn't matter much.
I've signed two personally and they were both not that big of a deal.
Consider a sunset provision for the Non-Compete if you are good at what you do and not afraid to possibly move, it would force review of the conditions of your employment when it expires.
There may be consequences of not signing or attempting to extract money for signing as well as the limitations signing it would put on the OP.
tl/dr: Consult counsel.
Posted on 3/6/15 at 6:09 am to soccerfüt
quote:
Consult counsel.
This. And make it an employment lawyer that advertises employment law.
Don't trust 3rd cousin Larry that specializes in $500.00 Divorces or 2 years out of law school & works for Morris Bart.
Posted on 3/6/15 at 6:15 am to Lithium
I find it hilariously disheartening that HOSPITALS have non competes
Posted on 3/6/15 at 7:04 am to TigerGman
I wouldnt sign that shite. Maybe if they would put a clause in that would give me 2 years worth of salary if they fire me. whats good for the goose is good for the gander right?
Posted on 3/6/15 at 7:06 am to King of New Orleans
Tell your company that you would sign it, but it so happens that you just started competing a few days ago. Just missed out.
Posted on 3/6/15 at 7:06 am to King of New Orleans
They aren't enforceable in LA, was sued by a huge company in Texas and they were told to go pound sand.
Posted on 3/6/15 at 7:09 am to diat150
quote:
I wouldnt sign that shite. Maybe if they would put a clause in that would give me 2 years worth of salary if they fire me. whats good for the goose is good for the gander right?
Tough spot. You're up against the Golden Rule--
He who has the Gold makes the Rules.
Posted on 3/6/15 at 7:10 am to Strannix
quote:
They aren't enforceable in LA, was sued by a huge company in Texas and they were told to go pound sand.
And you are admitted to the Louisiana Bar?
You aren't. Don't make these broad legal generalizations here, sport.
This post was edited on 3/6/15 at 7:11 am
Posted on 3/6/15 at 7:11 am to TigerGman
quote:
Tough spot. You're up against the Golden Rule--
He who has the Gold makes the Rules.
that depends on your position and your worth.
Posted on 3/6/15 at 7:11 am to Strannix
quote:
They aren't enforceable in LA
Yes they are.
It has to meet certain requirements though. If it doesn't then it's not enforceable, if it is done correctly it is fine. That Texas one probably didn't meet the LA standards, that is all.
Posted on 3/6/15 at 7:34 am to BayouBandit24
Everyone who said that you should sign it is probably correct. It is very important to remember that you, as the employee, can modify the agreement prior to signing. In my very first position out of college I signed a non-compete that prevented me from working in the same field in any parish in Louisiana. They literally listed every parish. While it doesn't matter anymore, I would have modified the agreement to only list the parishes I actually worked in.
Posted on 3/6/15 at 7:37 am to King of New Orleans
lLa. Is a right to work state. Good luck with the company keeping you from working in your field.
Posted on 3/6/15 at 7:42 am to BayouBandit24
quote:
Yes they are.
It has to meet certain requirements though. If it doesn't then it's not enforceable, if it is done correctly it is fine. That Texas one probably didn't meet the LA standards, that is all.
Meh..If they fire him and his job is his only trade, they can go wipe their arse with it.
Posted on 3/6/15 at 7:46 am to King of New Orleans
It's prob a word doc?
Just re write it changing the language to what you want sign that copy give it back to them it goes in a file if they need it that's when they will pull it out & read it.
Just re write it changing the language to what you want sign that copy give it back to them it goes in a file if they need it that's when they will pull it out & read it.
Posted on 3/6/15 at 7:49 am to soccerfüt
You break a non compete here and they can sue you for punitive damages...breach...and most likely collateral damages.
Posted on 3/6/15 at 7:55 am to King of New Orleans
So much misinformation...not one of these posts is 100% correct and most are 100% wrong. You are getting what you paid for in here.
Posted on 3/6/15 at 7:57 am to LoveThatMoney
quote:
Means the one you signed was worthless to your former employer, which means you were worthless (or at least wholly replaceable) to your former employer, not that non-competes are worthless.
Thank you.
Posted on 3/6/15 at 8:01 am to King of New Orleans
Call an attorney.
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