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No compete contract clause ?

Posted on 7/12/13 at 11:45 am
Posted by headboard banger
Dark side of the Moon
Member since Jan 2005
2953 posts
Posted on 7/12/13 at 11:45 am
How hard are they to enforce in La from an out of state company?

Thanks in advance
Posted by Broke
AKA Buttercup
Member since Sep 2006
65042 posts
Posted on 7/12/13 at 1:43 pm to
Hard.
Posted by LSURussian
Member since Feb 2005
126937 posts
Posted on 7/12/13 at 2:19 pm to
quote:

How hard are they to enforce in La from an out of state company?


How well do you know the judge???
Posted by Mr.Perfect
Louisiana
Member since Mar 2013
17438 posts
Posted on 7/12/13 at 2:37 pm to
Industry might help
Posted by Teddy Ruxpin
Member since Oct 2006
39552 posts
Posted on 7/12/13 at 2:37 pm to
quote:

Hard.


Yup.

They have to specifically name parishes you can't compete in too. That's the requirement that kind of stuck to me when I learned it.

They can't put, "Gosh darn it, he can't be tryin' to work for our competition in this god forsaken state, he's just gonna have to go to Texas!"

This post was edited on 7/12/13 at 2:39 pm
Posted by guttata
prairieville
Member since Feb 2006
22504 posts
Posted on 7/12/13 at 2:41 pm to
Hard to enforce. They can't stop you from making a living.
Posted by OldSouth
Folsom, LA
Member since Oct 2011
10940 posts
Posted on 7/12/13 at 3:07 pm to
What if you start your own business that sells the same thing?
Posted by Mr.Perfect
Louisiana
Member since Mar 2013
17438 posts
Posted on 7/12/13 at 3:26 pm to
Right. But if you have a large company with a lot of branch offices the might be listed. Mine has tons listed
Posted by Draconian Sanctions
Markey's bar
Member since Oct 2008
84831 posts
Posted on 7/12/13 at 4:17 pm to
Tough. the State of Louisiana does not like to restrict the free flow of commerce nor a person's ability to provide for themselves and their family in their chosen profession. Thank you Professor Lonegrass
Posted by Volvagia
Fort Worth
Member since Mar 2006
51890 posts
Posted on 7/12/13 at 4:23 pm to
quote:

They can't put, "Gosh darn it, he can't be tryin' to work for our competition in this god forsaken state, he's just gonna have to go to Texas!"


He'd probably be better for it though
Posted by OldSouth
Folsom, LA
Member since Oct 2011
10940 posts
Posted on 7/15/13 at 8:53 am to
quote:

What if you start your own business that sells the same thing?
Anyone?
Posted by VABuckeye
Naples, FL
Member since Dec 2007
35472 posts
Posted on 7/15/13 at 9:04 am to
quote:

What if you start your own business that sells the same thing?


Are you looking to raid their client list top to bottom?
Posted by OldSouth
Folsom, LA
Member since Oct 2011
10940 posts
Posted on 7/15/13 at 9:09 am to
quote:

Are you looking to raid their client list top to bottom?
No, what's funny is that's how this company was started.
Posted by guttata
prairieville
Member since Feb 2006
22504 posts
Posted on 7/15/13 at 9:16 am to
I think the pest control business is notorious for this. The guy that does our house used to work for a local company and when that company was bought out by the big company, this guy decided to go on his own. The big company is trying to sue him for taking their clients.
Posted by jimbeam
University of LSU
Member since Oct 2011
75703 posts
Posted on 7/15/13 at 9:18 am to
I want to start my own business one day and always wondered about this.
Posted by TheLankiestLawyer
Member since Jun 2013
1803 posts
Posted on 7/15/13 at 10:03 am to
This is not legal advice, but here is an article discussing the topic:

LINK
Posted by Overbrook
Member since May 2013
6075 posts
Posted on 7/15/13 at 2:23 pm to
Noncompetes have to be narrow geographically, in the type of work you are forbidden to perform, and have to have a reasonable duration.
Posted by CaribbeanDemon
Caribbean
Member since Jun 2007
1374 posts
Posted on 7/15/13 at 11:48 pm to
They are starting to enforce them more and more now in Louisiana. Look to see if you can find an article in the Louisiana bar journal magazine in the last year that does a pretty good job of explaining the current situation
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