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Started By
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If you sign a non compete clause, and the contract is changed
Posted on 6/21/18 at 11:04 pm
Posted on 6/21/18 at 11:04 pm
....changed/altered (literally) without your approval/initials, and the compensation agreement for base pay/% of production bonus was changed without any expressed or written consent after it has been signed, has it become void?
5
Posted on 6/21/18 at 11:15 pm to BRgetthenet
It varies state to state
If you’re in LA, that’s good because we have some of the most employee friendly NC laws
Check for an arbitration clause or something denoting if you’re subject to another states laws in the beginning of your contract.
FYI, I’m not a lawyer but have had significant NC experience
If you’re in LA, that’s good because we have some of the most employee friendly NC laws
Check for an arbitration clause or something denoting if you’re subject to another states laws in the beginning of your contract.
FYI, I’m not a lawyer but have had significant NC experience
Posted on 6/21/18 at 11:17 pm to Finch
quote:
an arbitration clause or something denoting if you’re subject to another states laws in the beginning of your contract.
No. This is in Louisiana.
Posted on 6/21/18 at 11:21 pm to BRgetthenet
I’d consult a contract attorney
It will cost you about $200 to get it figured out
If you’re trying to get another job with a competitor, be up front with them and give them a copy and explain the situation. They will review and decide if they will endimify you upon hiring.
It will cost you about $200 to get it figured out
If you’re trying to get another job with a competitor, be up front with them and give them a copy and explain the situation. They will review and decide if they will endimify you upon hiring.
Posted on 6/21/18 at 11:33 pm to Finch
We have given it to their (potential employer’s) attorney for review.
I’m just curious about amendments without consent, or any indication of consent in the absence of initials by both parties.
Also, current employer has never signed the original. Only made subsequent changes to the contract and compensation.
I’m just curious about amendments without consent, or any indication of consent in the absence of initials by both parties.
Also, current employer has never signed the original. Only made subsequent changes to the contract and compensation.
Posted on 6/21/18 at 11:41 pm to BRgetthenet
I’ve gotten out of a NC based on them not filling out one section.
It basically comes down to if the new company feels like fighting it or not.
It basically comes down to if the new company feels like fighting it or not.
Posted on 6/21/18 at 11:43 pm to Finch
This is a situation where the new employer sought out ______, and offered them a position with better terms for compensation.
Posted on 6/21/18 at 11:57 pm to BRgetthenet
Then you should be good
If they came to you, they had to assume you had a NC.
If they’re smart, they aren’t buying the immediate conversion of buisness, they’re buying what you can bring after the MC expires.
If they came to you, they had to assume you had a NC.
If they’re smart, they aren’t buying the immediate conversion of buisness, they’re buying what you can bring after the MC expires.
Posted on 6/22/18 at 8:24 am to BRgetthenet
the whole nca may or may not be null, but anything added after your signature would certainly be. LA is very strict with nca's, which works in your favor.
Posted on 6/22/18 at 8:59 am to BRgetthenet
The contract speaks for itself. Any unilateral changes are not part of the contract. The original contract is still in force.
Posted on 6/22/18 at 9:00 am to BRgetthenet
I just drafted a NC. It's a massive pain in the arse to get one to be valid in Louisiana. You're probably fine.
Posted on 6/22/18 at 6:06 pm to Finch
Non compete in LA are weak and only for the parish your office was in
Posted on 6/22/18 at 9:12 pm to 756
Regardless of the validity, if you get sued and the new company won’t pick up the tab it’ll be expensive for you.
Posted on 6/23/18 at 9:40 am to 756
quote:
Non compete in LA are weak and only for the parish your office was in
Not necessarily true. You can also include parishes which contain a substantial amount of customers. You simply have to list the parishes individually.
Posted on 6/23/18 at 10:13 am to Finch
quote:
contract attorney
Have any recs in the BR area?
Posted on 6/23/18 at 12:17 pm to BRgetthenet
Non-compete agreements are bullshite anyway, even if you sign them. The only way they hold up is if you have some super secret company knowledge (i.e. you know the formula to Coke, then you go work for Pepsi).
Posted on 6/23/18 at 10:09 pm to FinleyStreet
quote:
Non-compete agreements are bullshite anyway, even if you sign them. The only way they hold up is if you have some super secret company knowledge (i.e. you know the formula to Coke, then you go work for Pepsi).
Not even remotely accurate, but even if what you have posted was true you can still be sued and out thousands in legal fees even if they toss the agreement.
Posted on 6/23/18 at 11:40 pm to Joshjrn
quote:
Not necessarily true. You can also include parishes which contain a substantial amount of customers. You simply have to list the parishes individually.
Yep. This is the key that alot companies (especially those based out of state) often overlook
Posted on 6/24/18 at 7:42 pm to EA6B
quote:
Not necessarily true. You can also include parishes which contain a substantial amount of customers. You simply have to list the parishes individually.
This is my understanding as well. We hired several of my colleagues from a competitor in Louisiana. This was how their non-competes were.
quote:
Not even remotely accurate, but even if what you have posted was true you can still be sued and out thousands in legal fees even if they toss the agreement.
According to our legal department they were also very strictly written and enforceable. Both of my colleagues waited two years before pursuing LA business.
This post was edited on 6/25/18 at 9:56 am
Posted on 6/25/18 at 2:37 pm to FinleyStreet
quote:
Non-compete agreements are bullshite anyway, even if you sign them. The only way they hold up is if you have some super secret company knowledge (i.e. you know the formula to Coke, then you go work for Pepsi).
This used to be true in GA until Sonny Perdue made them very very enforcable on his way out the door.
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