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Started By
Message
?OT Lawyers? Non-competes, how enforceable are they?
Posted on 5/19/21 at 10:59 am
Posted on 5/19/21 at 10:59 am
I am sure this has been asked...
Are non-competes highly enforceable? Anyone have experience swapping in Louisiana?
I work in MedTech. Startup is reaching out but I know I am under a NC...
Any advise appreciated.
Are non-competes highly enforceable? Anyone have experience swapping in Louisiana?
I work in MedTech. Startup is reaching out but I know I am under a NC...
Any advise appreciated.
19
Posted on 5/19/21 at 11:00 am to FatMan
It depends.
Posted on 5/19/21 at 11:01 am to Teddy Ruxpin
quote:
It depends
And you can still work for them with a non compete. They expire fairly quickly. We hire from other firms that have non competes and just wait two years for them to expire and try to bring there clients over
Posted on 5/19/21 at 11:02 am to FatMan
They can be enforced in Louisiana but only if they meet certain requirements.
I’d have an attorney take a look if you’re going to be doing business or working in the same line of work in one of the parishes where your employer does business, or a parish that is listed in your non-compete.
I’d have an attorney take a look if you’re going to be doing business or working in the same line of work in one of the parishes where your employer does business, or a parish that is listed in your non-compete.
This post was edited on 5/19/21 at 11:09 am
Posted on 5/19/21 at 11:03 am to FatMan
quote:some of the best thrays start with this
?OT Lawyers?
Posted on 5/19/21 at 11:06 am to FatMan
They are strictly construed, meaning courts do not like them and will look for ways to invalidate them.
As a general rule, they must be restricted to Parishes, and those Parishes must be listed in the agreement. Cannot just say State of Louisiana.
There are lots of other requirements that a decent lawyer can look at as well. Get you one.
As a general rule, they must be restricted to Parishes, and those Parishes must be listed in the agreement. Cannot just say State of Louisiana.
There are lots of other requirements that a decent lawyer can look at as well. Get you one.
Posted on 5/19/21 at 11:06 am to FatMan
It depends.
I wouldn’t risk the potential litigation unless your new employer would be willing to guarantee protection and salary.
I wouldn’t risk the potential litigation unless your new employer would be willing to guarantee protection and salary.
Posted on 5/19/21 at 11:06 am to FatMan
You will get a lot of bad advice with this question here
Posted on 5/19/21 at 11:09 am to FatMan
Depends on the scope of the non compete you signed as well as the state's history and view.
Your current company may or may not try to enforce should you leave. Options there:
1. They don't care at all and never think twice about you
2. They send a strongly worded letter but don't follow up.
3. They take you all the way through the court process.
If they choose option three your fate will be in the hands of the court. Options there:
1. The court finds the noncompete unenforceable, you're free and clear.
2. The court modifies it so you can still work the new job but under certain criteria / territories.
3. The court upholds the noncompete and you can't work new job for the duration and may owe old company for damages if you snagged some business.
I realize this is the obvious advice, but the most certain way is to meet with a lawyer in the state who specializes in these who will be able to interpret your new and old job and the language of the agreement. They'll give you a real assessment of whether or not it would hold up in court should they choose that route.
Your current company may or may not try to enforce should you leave. Options there:
1. They don't care at all and never think twice about you
2. They send a strongly worded letter but don't follow up.
3. They take you all the way through the court process.
If they choose option three your fate will be in the hands of the court. Options there:
1. The court finds the noncompete unenforceable, you're free and clear.
2. The court modifies it so you can still work the new job but under certain criteria / territories.
3. The court upholds the noncompete and you can't work new job for the duration and may owe old company for damages if you snagged some business.
I realize this is the obvious advice, but the most certain way is to meet with a lawyer in the state who specializes in these who will be able to interpret your new and old job and the language of the agreement. They'll give you a real assessment of whether or not it would hold up in court should they choose that route.
Posted on 5/19/21 at 11:14 am to Indefatigable
quote:I thought based on previous threads on the subject, that they are very hard to enforce in LA. I think a common situation is where a non-compete contract doesn't specifically list the parishes of operations as required in LA.
The can be enforced rather strictly in Louisiana if they meet certain requirements.
Posted on 5/19/21 at 11:14 am to KamaCausey_LSU
quote:
I thought based on previous threads on the subject, that they are very hard to enforce in LA. I think a common situation is where a non-compete contract doesn't specifically list the parishes of operations as required in LA
I edited to clarify my intention. They can be enforced in LA, but only if they meet certain requirements such as the one you mentioned.
IMO, People tend to overstate how strictly the courts will apply this requirement and others. I’ve seen multiple courts revise an agreement to identify individual parishes when the NC failed to do so.
This post was edited on 5/19/21 at 11:23 am
Posted on 5/19/21 at 11:15 am to FatMan
It should take an attorney about 15 minutes to read the law (which is very concise in this case) and then read your non-compete (which should be about a paragraph long) and then give you an opinion.
shite, post the language of your non-compete here and I’ll tell you in generalities if it will stick.
shite, post the language of your non-compete here and I’ll tell you in generalities if it will stick.
Posted on 5/19/21 at 11:21 am to Demshoes
quote:
As a general rule, they must be restricted to Parishes, and those Parishes must be listed in the agreement. Cannot just say State of Louisiana.
This is where one of my previous employers screwed up. They tried to enforce the non-compete but they didn't list the parishes.
Posted on 5/19/21 at 11:22 am to FatMan
They have to strictly comply with the statute to be enforceable. It’s pretty easy to spot a bad one so any business attorney worth their salt should be able to give you an opinion pretty quickly.
Posted on 5/19/21 at 11:50 am to KamaCausey_LSU
quote:
I thought based on previous threads on the subject, that they are very hard to enforce in LA.
NOT an attorney, but I think it's flipped. They can be enforced rather strictly, but they have to meet certain qualifiers first (based on my memory of similar threads). The must have points that stick out are:
Duration - LA is limited to either 2 or 3 years
Parishes - Also must have legitimate reason for the parishes (location of offices, customers...), can't just list them for the sake of listing them
Job Description - Must state what duties you were doing for your current employer, and the non-compete would only stand if you are doing similar work
But as others have said, OP should pay the hour fee and speak with a employment lawyer in LA
Posted on 5/19/21 at 11:59 am to FatMan
You can drop the fries wherever you damn well please. Don't let some lawyer tell you otherwise.
Posted on 5/19/21 at 6:33 pm to TigerstuckinMS
quote:
You can drop the fries wherever you damn well please. Don't let some lawyer tell you otherwise
Thanks to all. Thanks for the humor as well!
Posted on 5/19/21 at 11:06 pm to FatMan
If you are serious, get a good attorney to review and advise you. Be sure to bring him the actual document, not “well it says xyz”.
Posted on 5/19/21 at 11:20 pm to FatMan
Are you a physician or a salesman? Context might help. I would ask the new employer’s lawyer to call the old place and figure it out.
I thought you sold LSU polo shirts with the four pregame notes on there. Or was that a different Fat Man?
I thought you sold LSU polo shirts with the four pregame notes on there. Or was that a different Fat Man?
Posted on 5/19/21 at 11:34 pm to FatMan
From what I remember, a NC in LA is kind of a joke... they’d have to take you to court to enforce it and often times, unless the first company is a powerhouse with team(s) of lawyers, they won’t do shite.
One of the biggest reason for a NC is so you don’t take any of their current clients...
I say cut all ties... including clients... and move on.
Once you start taking their clients, that’s when issues arise.
One of the biggest reason for a NC is so you don’t take any of their current clients...
I say cut all ties... including clients... and move on.
Once you start taking their clients, that’s when issues arise.
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