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re: New Employee Contract , Non-Compete 3 Years

Posted on 1/2/20 at 2:32 pm to
Posted by Weekend Warrior79
Member since Aug 2014
16493 posts
Posted on 1/2/20 at 2:32 pm to
quote:

I am in the energy division, however they have a hotels and restaurant group as well

Not a lawyer, but I think that would be too far of a reach that a judge would throw it out. If anything, I would think the territory would be limited to areas where there is a direct competitor for the energy division only, and your company's energy division is located. It shouldn't matter where some subsidiaries that are unrelated to your division are located.

On a side note, I believe LA law (always the odd rule) requires the non-compete to list the actual jurisdiction. It cannot be generalized.

Also, as someone else pointed out; I believe some form of consideration would be required or the contract would not be valid.
This post was edited on 1/2/20 at 2:33 pm
Posted by LSUFanHouston
NOLA
Member since Jul 2009
37167 posts
Posted on 1/3/20 at 11:12 am to
quote:

Not a lawyer, but I think that would be too far of a reach that a judge would throw it out. If anything, I would think the territory would be limited to areas where there is a direct competitor for the energy division only, and your company's energy division is located. It shouldn't matter where some subsidiaries that are unrelated to your division are located.


That's crazy. The whole point of a non-compete, and the reason they can be enforceable, is to prevent you from taking ideas / clients immediately from one company, to a competitor.

If you are going from energy to hotels, I'm not sure what you would take with you. That seems really, really overboard.
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