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Started By
Message
re: Non Compete Legal Help
Posted on 3/3/21 at 7:55 pm to 4Andouille
Posted on 3/3/21 at 7:55 pm to 4Andouille
They aren't really enforceable, right to work
Posted on 3/3/21 at 9:06 pm to Strannix
quote:
They aren't really enforceable, right to work
Common myth, and even if it gets shot down by a judge the OP will still need legal representation during the process, easier to hire a lawyer to deal with it up front.
Posted on 3/3/21 at 10:17 pm to Strannix
quote:Any more great legal advice?
They aren't really enforceable, right to work
Posted on 3/4/21 at 6:41 am to Strannix
quote:
They aren't really enforceable, right to work
The right to work laws allow someone to work in a union shop without being required to join the union.
People misunderstand them all the time. They confuse RTW with the employment at will doctrine and various other things, but RTW is of very limited applicability.
The Louisiana non-compete law (La. R.S. 23:921) generally allows one when (1) the non-compete agreement designates specific parishes, municipalities, and/or parts thereof within which the restriction applies, (2) the employer conducts a similar business therein, and (3) the duration of the restriction does not exceed two years.
OP says his does not designate parishes or municipalities, which is a strike against it. But some courts have been willing to "reform" an overbroad agreement and narrow the geographic limitation to one that is within the statute.
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.
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