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Started By
Message
re: Nielsen looking less likely per Jane Slater
Posted on 1/18/21 at 7:33 pm to Sid in Lakeshore
Posted on 1/18/21 at 7:33 pm to Sid in Lakeshore
quote:
Consult your local atty about how enforceable non-compete clauses are in La.
I'm not an attorney and I can answer that.
Non-compete clauses are not enforceable in right to work states (restraint of trade) UNLESS the person is employed under the terms of an employment contract.
I've been in sales for 2 decades and I've yet to sign one, even though every employer I've had in that time has put one in front of me. I respond by providing them an employment contract I've drawn up (I have some legal training via a paralegal degree) and tell them if they want me to sign theirs, they will have to sign mine. It's amazing how fast their non-compete goes away.
Anyway, since Nielsen is under contract, any non-compete language included is enforceable.
Posted on 1/18/21 at 7:38 pm to Floyd Dawg
This isn’t a non-compete issue. Everyone needs to just sit down while Nielsen's agent works through the details with the Saints.
Posted on 1/18/21 at 7:41 pm to Floyd Dawg
quote:
Anyway, since Nielsen is under contract, any non-compete language included is enforceable.
As long as it’s legal. For instance, if the Saints claim a move to a position of higher responsibility in a college program isn’t a promotion, then a judge would almost certainly rule that is a subjective and non-enforceable claim.
Posted on 1/19/21 at 10:55 am to Floyd Dawg
quote:
I'm not an attorney and I can answer that.
Non-compete clauses are not enforceable in right to work states (restraint of trade) UNLESS the person is employed under the terms of an employment contract.
I am an attorney and this is not how it works.
quote:
Anyway, since Nielsen is under contract, any non-compete language included is enforceable.
This is EXTRA not how it works.
Lets start at the beginning.
Your statement that in order for a non-compete to be enforceable, there has to be an employment contract is a tautology. In order for there to even BE a non-compete clause in the first place there would necessarily have to be an employment contract. Simply being employed via contract does not make a non-compete enforceable. Beyond this, not every state--not even every right-to-work state--has the same rules about non-compete enforceability. That's another point about which you're incorrect.
The fact is that non-competes are very frequently unenforceable in Louisiana. The reason your employers let you sign contracts without them is because they know that the non-compete would very likely be unenforceable even if you did sign it. They do it largely as a deterrence mechanism.
Also, i don't even know what you mean when you say
quote:
and tell them if they want me to sign theirs, they will have to sign mine
Are you implying that you would have multiple simultaneous employment contracts?
Bottom line is that you don't know what you're talking about.
This post was edited on 1/19/21 at 10:57 am
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