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Message
re: Non Compete Question
Posted on 12/17/22 at 8:55 pm to HolyBreesus13
Posted on 12/17/22 at 8:55 pm to HolyBreesus13
Louisiana in a no compete state. Work on, if you want.
This post was edited on 12/17/22 at 8:57 pm
1
Posted on 12/17/22 at 8:56 pm to Sus-Scrofa
Yes, was part of the Offer Letter.
Posted on 12/17/22 at 8:57 pm to HolyBreesus13
Yeah a lot states are anti- non competes and limit them.
Because they want people
Working. Also did they give you 24 months severance? That’s fricking insane to try and lock you out of the industry for 2 years.
Because they want people
Working. Also did they give you 24 months severance? That’s fricking insane to try and lock you out of the industry for 2 years.
Posted on 12/17/22 at 8:57 pm to Cosmo
quote:
There is no noncompete if you are fired
Wrong.
It depends on how it’s written. He could have agreed that any end of the contract is acceptable.
Posted on 12/17/22 at 9:00 pm to SammyTiger
Nope - definitely did not get a 24 month severance!
Posted on 12/17/22 at 9:00 pm to LRB1967
quote:
Non Compete agreements go out the window if you are laid off.
Stop spreading inaccurate information.
If the noncompete says that it’s null and void if you are terminated then you are correct.
I’ve seen noncompetes that are valid if the contract ends for any reason. Yes even being fired. There is nothing illegal about that if he signed the contract.
This post was edited on 12/17/22 at 9:03 pm
Posted on 12/17/22 at 9:00 pm to HolyBreesus13
Are u in contact with others that were laid off? I imagine if so you are sharing info re the non compete. Also, i would imagine the non compete is only enforceable in the state it was written/issued since regs differ from state to state. Ie in LA it must specify specific territory by parish, and not some broad scope such as intention….
Posted on 12/17/22 at 9:04 pm to ValZacs
Agree with most..depends on the State law for sure. Many are different and what you actually signed.
Also very important is whether they will come after you and spend the time in legal. Most that have had to layoff don’t. Doesn’t mean they can’t.
Also very important is whether they will come after you and spend the time in legal. Most that have had to layoff don’t. Doesn’t mean they can’t.
Posted on 12/17/22 at 9:08 pm to HolyBreesus13
Not sure the laws in Georgia but unless you are key employee/partner.The company can’t keep you from earning a living. They can, however, make your life difficult by taking you to court.
Posted on 12/17/22 at 9:09 pm to HolyBreesus13
Main question is do you have the money to fight it? Or will your potential new employer want to be involved?
Posted on 12/17/22 at 9:16 pm to HolyBreesus13
People, I'm sure the non compete was part of some type of severance package. Still may not be enforceable, but they didn't just lay him off and say you can't work in the field. They offered him some type of pay, health insurance, unpaid leave, etc., and to get that he likely had to sign a non-compete.
This post was edited on 12/17/22 at 9:20 pm
Posted on 12/17/22 at 9:18 pm to HolyBreesus13
Smart to get an attorney. It’s all in the wording in the document you signed when you were hired. If you took a severance package and signed something, that is probably enforceable as well.
As for not enforceable in Louisiana, Ochsner laughs out loud and says try us.
As for not enforceable in Louisiana, Ochsner laughs out loud and says try us.
Posted on 12/17/22 at 9:18 pm to HolyBreesus13
quote:
The Non Compete states that I must not seek competitors in the space for 24 months and any state that they currently do business in (40 states) + any state they anticipate doing business in (?). I was in a mid-level Sales Leadership Role that oversaw 6 states.
Did they explicitly state which states the non-compete applies to? I think at least in LA they have to specifically list the areas that apply.
Posted on 12/17/22 at 9:20 pm to RedheadedStepchild
quote:
Louisiana in a no compete state. Work on, if you want.
Not true. They are harder to enforce in louisiana but I’ve seen it done. You can beat just about any non compete but it will take time and money. Always be up front with potential employer and let them review it. Many employers will actually help you fight it or put you in positions to not violate it until the term runs up.
Posted on 12/17/22 at 9:23 pm to redfieldk717
One question I have. Did you take a package when you were laid off? Or, did they tell you to GTFO? If you took a package, eh, ok, I can see the company’s point. If they threw you out, frick um.
This post was edited on 12/17/22 at 9:24 pm
Posted on 12/17/22 at 9:29 pm to HolyBreesus13
im only familiar with it in my industry which is not sales but typically if you didnt sign a no-compete clause when hired then i dont see how they can enforce it.
in general ive also seen that non compete clauses are rarely enforceable anyway and usually more of a pain in the arse for the company trying to use them to get them enforced.
Lets not even mention that the parameters they are putting forth are just ridiculous, a whole state for 2 years? tell them to frick off.
in general ive also seen that non compete clauses are rarely enforceable anyway and usually more of a pain in the arse for the company trying to use them to get them enforced.
Lets not even mention that the parameters they are putting forth are just ridiculous, a whole state for 2 years? tell them to frick off.
Posted on 12/17/22 at 9:35 pm to evil cockroach
quote:
One question I have. Did you take a package when you were laid off? Or, did they tell you to GTFO? If you took a package, eh, ok, I can see the company’s point. If they threw you out, frick um.
Did not receive a severance package. Was paid out through my current pay period and received the (partial) bonus that was owed in Q3.
This post was edited on 12/17/22 at 9:36 pm
Posted on 12/17/22 at 9:48 pm to HolyBreesus13
Was the non compete in effect in order to receive severance pay? If you refuse severance is there still a non compete?
I went through this and had to sign a non compete for the length of my severance agreement. I knew others that got severance and signed non compete but went right back to work with a competitor and nothing happened. Lucky fools got to double dip.
I went through this and had to sign a non compete for the length of my severance agreement. I knew others that got severance and signed non compete but went right back to work with a competitor and nothing happened. Lucky fools got to double dip.
Posted on 12/17/22 at 10:15 pm to HolyBreesus13
As with many things…. It depends
If you took money for the severance, they could have a case against you
If the language was onerous to the point where you’d not be able to survive if you you didn’t work, then most courts will rule in your favor.
They don’t tend to line employers beating up on employees.
Prove that you can’t live without work and you should be fine
If you took money for the severance, they could have a case against you
If the language was onerous to the point where you’d not be able to survive if you you didn’t work, then most courts will rule in your favor.
They don’t tend to line employers beating up on employees.
Prove that you can’t live without work and you should be fine
Posted on 12/17/22 at 11:12 pm to HolyBreesus13
Lol frick them. Lawyer up.
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