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re: Signing a "non-compete" almost a year after starting a job?

Posted on 3/6/15 at 5:59 am to
Posted by Martini
Near Athens
Member since Mar 2005
48884 posts
Posted on 3/6/15 at 5:59 am to
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 by soccerfüt
Location: A Series of Tubes
Member since May 2013
66182 posts
Posted on 3/6/15 at 6:03 am to
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 by TigerGman
Center of the Universe
Member since Sep 2006
11335 posts
Posted on 3/6/15 at 6:09 am to
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 by Swoopin
Member since Jun 2011
22031 posts
Posted on 3/6/15 at 6:15 am to
I find it hilariously disheartening that HOSPITALS have non competes
Posted by TigerGman
Center of the Universe
Member since Sep 2006
11335 posts
Posted on 3/6/15 at 6:27 am to
quote:

I find it hilariously disheartening that HOSPITALS have non competes


Heck Jimmy John's getting them from minimum wage workers. It's ridiculous.

LINK



Posted by diat150
Louisiana
Member since Jun 2005
43807 posts
Posted on 3/6/15 at 7:04 am to
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 by shutterspeed
MS Gulf Coast
Member since May 2007
63856 posts
Posted on 3/6/15 at 7:06 am to
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 by Strannix
District 11
Member since Dec 2012
49152 posts
Posted on 3/6/15 at 7:06 am to
They aren't enforceable in LA, was sued by a huge company in Texas and they were told to go pound sand.
Posted by TigerGman
Center of the Universe
Member since Sep 2006
11335 posts
Posted on 3/6/15 at 7:09 am to
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 by soccerfüt
Location: A Series of Tubes
Member since May 2013
66182 posts
Posted on 3/6/15 at 7:10 am to
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 by diat150
Louisiana
Member since Jun 2005
43807 posts
Posted on 3/6/15 at 7:11 am to
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 by BayouBandit24
Member since Aug 2010
16600 posts
Posted on 3/6/15 at 7:11 am to
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 by ElPresidenteGrande
Washington D.C.
Member since Aug 2013
150 posts
Posted on 3/6/15 at 7:34 am to
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 by MadDoggyStyle
Member since Feb 2012
3857 posts
Posted on 3/6/15 at 7:37 am to
lLa. Is a right to work state. Good luck with the company keeping you from working in your field.
Posted by GeeOH
Louisiana
Member since Dec 2013
13376 posts
Posted on 3/6/15 at 7:42 am to
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 by Cracker
in a box
Member since Nov 2009
17885 posts
Posted on 3/6/15 at 7:46 am to
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.
Posted by Tiger Ryno
#WoF
Member since Feb 2007
103284 posts
Posted on 3/6/15 at 7:49 am to
You break a non compete here and they can sue you for punitive damages...breach...and most likely collateral damages.
Posted by Tiger at Law
Baton Rouge
Member since May 2007
2990 posts
Posted on 3/6/15 at 7:55 am to
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 by John McClane
Member since Apr 2010
36746 posts
Posted on 3/6/15 at 7:57 am to
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 by John McClane
Member since Apr 2010
36746 posts
Posted on 3/6/15 at 8:01 am to
Call an attorney.
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