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Started By
Message
re: Non Compete Legal Help
Posted on 3/4/21 at 9:38 am to Ex-Popcorn
Posted on 3/4/21 at 9:38 am to Ex-Popcorn
quote:
Cliffs: If there's no parish(es) listed or identified, it is absolutely null and void.
I think his point was to take it to a lawyer to review the whole thing. Relying on blanket statements like this are a recipe for lawsuit that the company has much more ability to fund.
0
Posted on 3/4/21 at 9:42 am to 4Andouille
quote:they are enforceable in La, you will be told otherwise but that is not the case, but a good agreement is most certainly enforced. If no geographic region is listed, it is probably not well written. Pay a couple hundred bucks and send it to an employment lawyer, or just show it to your new employer.
Maybe the wrong board, if so I apologize.
Anyone have any experience fighting one of these? From my understandings, they're almost unenforceable in LA, especially if no parish or municipality is mentioned. Will post pics if I can figure it out.
Posted on 3/4/21 at 9:44 am to boomtapp
quote:
Board certified employment lawyer here. I’ve obviously not seen the non compete, including what states law it says applies, but generally speaking most states require a reasonable geographic scope for a non compete to be enforceable. In LA, a non compete must list out the parishes or municipalities in which competition is to be restrained. If that isn’t present, there is a good chance the non compete is unenforceable. HOWEVER even if unenforceable, that doesn’t mean you don’t get a cease and desist letter or lawsuit filed against you seeking a temporary restraining order.
Every state law is different on this and every non compete is analyzed differently. There is no single way to draft or interpret one. Good luck.
Edit to add: right to work is a labor law concept where you cannot be required to join a union. Employment at will means you can quit or an employer can fire you for any reason (absent a contract or statute). Neither have anything to do with noncompetes.
Posted on 3/4/21 at 10:44 am to tigerfoot
quote:
If no geographic region is listed, it is probably not well written. Pay a couple hundred bucks and send it to an employment lawyer, or just show it to your new employer.
Please stop trying to scare the guy. This is as clear as can be. It's not just "not well written"...if there is no parish(es) identified by name, it is null and void. Period. This is not a gray area in the law.
Posted on 3/4/21 at 6:03 pm to Ex-Popcorn
Update for you guys.
Had a friend's lawyer take a look and within 5 minutes he told me it's complete bull and they're wasting their time.
They're either just trying to intimate me or are just completely clueless.
Funny thing is, the agreement states the losing party in a legal battle is responsible for all fees incurred. Kinda hoping they go for it lol
Had a friend's lawyer take a look and within 5 minutes he told me it's complete bull and they're wasting their time.
They're either just trying to intimate me or are just completely clueless.
Funny thing is, the agreement states the losing party in a legal battle is responsible for all fees incurred. Kinda hoping they go for it lol
Posted on 3/4/21 at 7:12 pm to boomtapp
Quick question for you boomtapp,
My new job will be based out of a Baton Rouge office, but corporate headquarters will be out of Decatur AL.
If this situation arises again, God forbid, which state's non compete would be used?
Seeing as how I'm the employee, I sure hope it's LA's lol
My new job will be based out of a Baton Rouge office, but corporate headquarters will be out of Decatur AL.
If this situation arises again, God forbid, which state's non compete would be used?
Seeing as how I'm the employee, I sure hope it's LA's lol
Posted on 3/4/21 at 7:12 pm to 4Andouille
quote:
ad a friend's lawyer take a look and within 5 minutes he told me it's complete bull and they're wasting their time.
Glad to hear it. I know here in MS, in the insurance world, we all sign noncompetes and I'm not even a producer. I can think of 3 instances where someone left and went to a competing broker and in 2 of those they got cease and desist letters and in the 3rd instance my friend said frick your cease and desist and took them to court to get out of his noncompete and take all his clients with him to the competitor. He won but he also had nationally recognized agency throwing a lot of money in it because his book of business was worth it to them.
Posted on 3/4/21 at 8:38 pm to Twenty 49
quote:They could be concurrently both.
This depends on several factors, and only an attorney who reviews the entire agreement, has all the relevant facts, and is up to speed on LA law in this area can pretend to offer a valid opinion. Anyone else is just guessing or full of shite.
Posted on 3/4/21 at 8:38 pm to iluvdatiger
I went through this 30 years ago. It can be very stressful and will depend on if you can really hurt their business. If you have only been with them 3 years I doubt you could hurt them very badly. That being said if you go out and take a $1M account from them they will fight you. It doesn’t matter who’s right. It matters what it’s going to cost. The cost of freedom can be pretty damn high sometimes. In my case the price was high....but it was worth it.
Posted on 3/4/21 at 9:09 pm to 4Andouille
If this is true and you are in Louisiana, the noncompete is 100% unforceable. frick them. Go get another job.
Posted on 3/5/21 at 6:59 am to 4Andouille
quote:
Update for you guys.
Had a friend's lawyer take a look and within 5 minutes he told me it's complete bull and they're wasting their time.
They're either just trying to intimate me or are just completely clueless.
Funny thing is, the agreement states the losing party in a legal battle is responsible for all fees incurred. Kinda hoping they go for it lol
Just know that lawyers aren’t cheap and 50-60k in lawyers fees may not be much to them but a lot to you assuming your company is not gonna back you.
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