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re: How enforceable are non-compete clauses in LA?
Posted on 1/9/15 at 9:24 am to yankeeundercover
Posted on 1/9/15 at 9:24 am to yankeeundercover
I understand your business very well. I highly doubt any non-compete could be enforced in your situation.
1
Posted on 1/9/15 at 9:24 am to Duckie
Non-competes are unethical for lawyers, and they ought to be (but aren't) for doctors.
I had a case where there were two doctors in town who could perform a particular type of pediatric surgery. They had a parting of the ways, the doctor one sues to keep doctor two from practicing in the same town. The Court granted an injunction against doctor two. So, from that point, there was no one who could perform this surgical procedure when doctor one was unavailable.
I had a case where there were two doctors in town who could perform a particular type of pediatric surgery. They had a parting of the ways, the doctor one sues to keep doctor two from practicing in the same town. The Court granted an injunction against doctor two. So, from that point, there was no one who could perform this surgical procedure when doctor one was unavailable.
Posted on 1/9/15 at 9:24 am to yankeeundercover
quote:
How the frick am I supposed to get a copy now?
why don't you have a copy?
Posted on 1/9/15 at 9:25 am to oilmanNO
I argued the Supreme Court case in La. on non-competes. Here, I actually know what I'm talking about.
Posted on 1/9/15 at 9:25 am to Duckie
quote:I lost it in a move...
why don't you have a copy?
Posted on 1/9/15 at 9:26 am to chinhoyang
quote:
I had a case where there were two doctors in town who could perform a particular type of pediatric surgery. They had a parting of the ways, the doctor one sues to keep doctor two from practicing in the same town. The Court granted an injunction against doctor two. So, from that point, there was no one who could perform this surgical procedure when doctor one was unavailable.
they are extremely silly, imo. And large employers (unless in a very highly skilled and technical field) should feel bad making employees sign them.
Posted on 1/9/15 at 9:26 am to BobRoss
quote:
I understand your business very well. I highly doubt any non-compete could be enforced in your situation.
That is atrocious advice - I've litigated non-competes for recruiting companies and they have been enforced by the court.
Posted on 1/9/15 at 9:26 am to yankeeundercover
Call HR?
Have your attorney call HR?
Have your attorney call HR?
Posted on 1/9/15 at 9:27 am to chinhoyang
sounds like you may need to contact chinhoyang as this appears to be one of his particular areas of expertise.
Posted on 1/9/15 at 9:28 am to chinhoyang
quote:Right, I understand that. I'm not going from one recruiting firm to another in the same market... I'm wondering if the jobs aren't similar in scope, would a non-compete come into play?
I've litigated non-competes for recruiting companies and they have been enforced by the court
From what I understand, it's to protect a company from firing someone or someone quitting and taking all their clients with them?
Posted on 1/9/15 at 9:29 am to Duckie
quote:How would this NOT raise red flags?
Call HR?
Have your attorney call HR?
A simple, "Why?" and I'd be fricked.
Posted on 1/9/15 at 9:29 am to chinhoyang
Why do you lie so much chinhoyang?
Posted on 1/9/15 at 9:31 am to yankeeundercover
quote:
How would this NOT raise red flags?
IDK, man. I'm just giving you options.
You need an exit strategy though and an attorney would be able to help you with that.
Posted on 1/9/15 at 9:32 am to yankeeundercover
You have a little problem - if you ask your current employer for a copy of their non-compete, they are certainly going to figure out what is going on.
If you have a co-worker similarly situated and you trust that co-worker, you could ask him or her for a copy of their non-compete. It is likely they are the same.
The farther away you are from your current market, the less likely the court will enforce them (but bear in mind that some recruiting companies have specialized national markets),
If, for example, you are recruiting in Baton Rouge and all of your employer clients and placements are in BR or NOLA, then I doubt a court would enforce a non-compete that would extend into Shreveport or Dallas.
Of course, I haven't seen your non-compete and I cannot provide you with specific legal advice on a message board.
If you have a co-worker similarly situated and you trust that co-worker, you could ask him or her for a copy of their non-compete. It is likely they are the same.
The farther away you are from your current market, the less likely the court will enforce them (but bear in mind that some recruiting companies have specialized national markets),
If, for example, you are recruiting in Baton Rouge and all of your employer clients and placements are in BR or NOLA, then I doubt a court would enforce a non-compete that would extend into Shreveport or Dallas.
Of course, I haven't seen your non-compete and I cannot provide you with specific legal advice on a message board.
Posted on 1/9/15 at 9:34 am to chinhoyang
I feel like you're missing the most critical point of this...
I'm not going to be 'recruiting for sales'... I'm going to work in an HR function internally and won't be trying to place candidates at external companies... It's a similar job, with a different scope.
I'm not going to be 'recruiting for sales'... I'm going to work in an HR function internally and won't be trying to place candidates at external companies... It's a similar job, with a different scope.
Posted on 1/9/15 at 9:37 am to yankeeundercover
I think non compete clauses are total crap. I suppose in some cases it could be worth having but those seem few and far between. I had a friend who cut hair and he had a non compete clause. He either worked for this one salon FOR LIFE or he had to sit out 6 months. It didn't matter if he left and gave them a months notice or if they fired him. I don't see how you can tell someone that they can't make a living using their skills.
Posted on 1/9/15 at 9:38 am to yankeeundercover
he's not missing the point, he's just telling you as an attorney, he's not about to give you legal advice over a message board without discussing it in depth with you. The problem is that this problem you have is not black and white and requires some planning.
The problem is that this problem you have is not black and white and requires some planning.This post was edited on 1/9/15 at 9:39 am
Posted on 1/9/15 at 9:39 am to yankeeundercover
Non-competes for anyone not in partnership or executive leadership are the most pathetic mechanism business leaders have used to marginalize labor since the horse whip.
Posted on 1/9/15 at 9:40 am to Green Chili Tiger
quote:
Why oh why would you sign a non-compete?
TONS of professions sign these. You do it to get the job.
OP they are hard to enforce b/c they are often far too vague. I've seen some enforceable in the fast food industry. Like McDonalds GM may be prevented from working specifically at BK or Wendys in same capacity for a year.
But an engineer or sales manager leaving for a better job will be hard to stop from going to a competitor unless they are named in the contract or they are 100% direct competitors and in same capacity.
quote:
I'm not going to be 'recruiting for sales'... I'm going to work in an HR function internally and won't be trying to place candidates at external companies... It's a similar job, with a different scope.
Yea you don't need an attorney to babble the BS here. You're going to be fine. They won't sue you.
This post was edited on 1/9/15 at 9:43 am
Posted on 1/9/15 at 9:41 am to yankeeundercover
I caught that ... you've been doing traditional recruiting and you may go inhouse to recruit for your employer (which I would argue is not recruiting but traditional HR). I would tend to think that a court would not enforce a non-compete in this situation (but again, no one has seen your agreement either).
If the non-compete includes most of the "common" provisions, you may have restrictions on your ability to solicit candidates that you dealt with at your prior employment. I would certainly put a provision to that effect if I was drafting an agreement. There is probably a clause asserting that candidate information is proprietary to your current employer. The normal defense would be that candidate information is readily available and is not proprietary. I've seen mixed results when the courts address that issue.
You should spend twenty minutes or so with an attorney - it would be money well spent. It sounds like you might be ok, but "sounding like you might be ok" based on message board information is no basis for this important of a decision.
Again, I'm providing you with general information and not legal advice (an ethical requirement in these situations).
If the non-compete includes most of the "common" provisions, you may have restrictions on your ability to solicit candidates that you dealt with at your prior employment. I would certainly put a provision to that effect if I was drafting an agreement. There is probably a clause asserting that candidate information is proprietary to your current employer. The normal defense would be that candidate information is readily available and is not proprietary. I've seen mixed results when the courts address that issue.
You should spend twenty minutes or so with an attorney - it would be money well spent. It sounds like you might be ok, but "sounding like you might be ok" based on message board information is no basis for this important of a decision.
Again, I'm providing you with general information and not legal advice (an ethical requirement in these situations).
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