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re: How enforceable are non-compete clauses in LA?
Posted on 1/9/15 at 9:42 am to chinhoyang
Posted on 1/9/15 at 9:42 am to chinhoyang
quote:
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).
See OP I saved you money. His fancy JD wasn't necessary. Bidness experience prevails here. You are good to roll out.
This post was edited on 1/9/15 at 9:43 am
2
Posted on 1/9/15 at 9:44 am to mikelbr
quote:
or sales manager leaving for a better job
Other than physicians, sales is the position where the employers are usually the most aggressive in trying to enforce them.
Posted on 1/9/15 at 9:46 am to mikelbr
quote:
See OP I saved you money. His fancy JD wasn't necessary. Bidness experience prevails here. You are good to roll out.
I hate to tell you this, but telling someone what to do blindly without seeing the actual agreement, is the incorrect way to approach this.
Posted on 1/9/15 at 9:47 am to mikelbr
quote:
See OP I saved you money. His fancy JD wasn't necessary. Bidness experience prevails here. You are good to roll out.
Your "bidness experience" advice was basically telling him to roll the dice. And, if your advice was shitty (which it is), he can't sue you for malpractice if he loses his job.
Posted on 1/9/15 at 9:47 am to chinhoyang
quote:
Other than physicians, sales is the position where the employers are usually the most aggressive in trying to enforce them.
No doubt you right about that. They have that whole patient/account/client list to lose.
I was surprised by the fastfood GM industry though. Pizza Hut franchise in BR had Dominos specifically stated in their clauses(before Papa Johns arrived
) This post was edited on 1/9/15 at 9:49 am
Posted on 1/9/15 at 9:47 am to Duckie
quote:
no, it just depends on the job and the relationship with the employer.
No.
Posted on 1/9/15 at 9:51 am to TigerGman
how so?
the relationship is very important. An employer/employee relationship is much different than a contractor or agent
the relationship is very important. An employer/employee relationship is much different than a contractor or agent
This post was edited on 1/9/15 at 9:56 am
Posted on 1/9/15 at 9:55 am to chinhoyang
quote:I wouldn't ever presume to hold anyone's feet to the fire over some shite I learned on a fricking message board... I don't need any 'lawyers' to give me their 'professional' opinions, I'm pretty sure I know what will happen as I have a good relationship with my current company and don't think anything will come of it.
Again, I'm providing you with general information and not legal advice (an ethical requirement in these situations).
I'm just wondering if anyone has any experience in this type of thing...
Posted on 1/9/15 at 9:56 am to Duckie
quote:
how so?
Man, if you're not an attorney you need to shut the hell up. Cause you don't know what you're taking about.
If you are an attorney, you really need to STFU, cause you're embarrassing yourself.
Posted on 1/9/15 at 9:56 am to chinhoyang
quote:I ain't no narc.
he can't sue you for malpractice if he loses his job.
Posted on 1/9/15 at 9:57 am to yankeeundercover
I'll tell you that I've seen a company sue a former employee for this type of situation and they had a 'good' relationship beforehand.
Just beware and cover all of your bases.
Just beware and cover all of your bases.
Posted on 1/9/15 at 10:01 am to TigerGman
explain to me how the relationship is not important.
employee/employer, agent, contractor...
It's also important if he was an employee and had a bad relationship with them. Maybe they sue regardless. Maybe they liked him and wouldn't try to enforce. How is this not a vital piece to his decision?
I am not a Louisiana attorney, and the issue is unique to LA. So, I'm actually curious here.
employee/employer, agent, contractor...
It's also important if he was an employee and had a bad relationship with them. Maybe they sue regardless. Maybe they liked him and wouldn't try to enforce. How is this not a vital piece to his decision?
I am not a Louisiana attorney, and the issue is unique to LA. So, I'm actually curious here.
This post was edited on 1/9/15 at 10:09 am
Posted on 1/9/15 at 10:03 am to yankeeundercover
Assuming they were drawn up by a competent attorney, very enforceable. Even if you are fired or laid off, still easily enforced.
They will move quickly to prevent you from stealing their business and your new employer will say, "tough luck, hope you can find something else" .
They will move quickly to prevent you from stealing their business and your new employer will say, "tough luck, hope you can find something else" .
Posted on 1/9/15 at 10:04 am to yankeeundercover
in LA it only covers the parish you are in- SO if your current business is based in Livingston Parish- you can work for a company in EBR
If you are moving within the same parish- as others have said- depends on how the contract is written
If you are moving within the same parish- as others have said- depends on how the contract is written
Posted on 1/9/15 at 10:06 am to yankeeundercover
You'll face jail time. Louisiana criminalizes many things.
Posted on 1/9/15 at 10:09 am to Duckie
quote:
Most of the time they are not worth the paper they are written on.
I stopped right there.
Posted on 1/9/15 at 10:10 am to TigerGman
again, I edited.
When I mentioned that I did not read that it was an LA contract. I've amended to state that it is not worth the paper in most states. Admittedly I was incorrect here and in LA they are enforceable if written well.
When I mentioned that I did not read that it was an LA contract. I've amended to state that it is not worth the paper in most states. Admittedly I was incorrect here and in LA they are enforceable if written well.
This post was edited on 1/9/15 at 10:11 am
Posted on 1/9/15 at 10:14 am to yankeeundercover
quote:
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.
There is virtually no chance they come after you, and even less a chance it is enforced.
Save your money, you don't need a Lawyer.
Posted on 1/9/15 at 10:17 am to Duckie
quote:
Admittedly I was incorrect here and in LA they are enforceable if written well.
Ok. I didn't catch al that.
They are enforced here in Louisiana and upheld all the time. Lot of people that act like internet lawyers get a big surprise when the sheriff serves them with a lawsuit that they're going to lose.
Posted on 1/9/15 at 10:19 am to TigerGman
I understand.
I'm generally curious as to how LA handles these issues. Reading more about it, it amazes me LA actually lets a lot of these things stand up.
Most states I've ever dealt with laugh at non competes in the majority of cases.
I'm generally curious as to how LA handles these issues. Reading more about it, it amazes me LA actually lets a lot of these things stand up.
Most states I've ever dealt with laugh at non competes in the majority of cases.
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