re: Nielsen looking less likely per Jane Slater

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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.

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I am an attorney and this is not how it works.

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Anyway, since Nielsen is under contract, any non-compete language included is enforceable.

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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

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and tell them if they want me to sign theirs, they will have to sign mine

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Are you implying that you would have multiple simultaneous employment contracts?


Bottom line is that you don't know what you're talking about.