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re: OT Lawyers: Non-competes
Posted on 2/21/19 at 3:59 pm to BeachDude022
Posted on 2/21/19 at 3:59 pm to BeachDude022
I'll start by echoing the "talk to a lawyer" comments and it can vary by state.
But generally speaking courts don't look favorably on non-competes that are overly broad in scope, duration, or geography. How long you've been in this industry and with that employer will play a role as well. So if you've been doing the same kind of work for 15 years and only worked for this company for 6 months, they can't keep you from making a living.
They CAN however hold you to a non-disclosure agreement and that may entail company sensitive info like weaknesses and client/prospect lists.
But generally speaking courts don't look favorably on non-competes that are overly broad in scope, duration, or geography. How long you've been in this industry and with that employer will play a role as well. So if you've been doing the same kind of work for 15 years and only worked for this company for 6 months, they can't keep you from making a living.
They CAN however hold you to a non-disclosure agreement and that may entail company sensitive info like weaknesses and client/prospect lists.
0
Posted on 2/21/19 at 4:02 pm to BeachDude022
Dealt with a non-compete a few years ago. Had a judge friend of mine look at it to see if it was valid. He assured me that it was and they could choose to enforce if they desired. That's the main point, they can enforce if they choose to. It comes down to deciding to press your luck or not. This is in LA, by the way.
Posted on 2/21/19 at 4:06 pm to BasilFawlty
OP, don't hide your State from your real attorney. That shite is pretty got damned important.
I'm guessing Texas.
I'm guessing Texas.
Posted on 2/21/19 at 4:06 pm to BeachDude022
Not a lawyer but I believe if you aren't paid for the non-compete, they can't do dick.
Albeit they may try, and you'll likely have to lawyer up anyway.
Albeit they may try, and you'll likely have to lawyer up anyway.
Posted on 2/21/19 at 4:07 pm to BeachDude022
quote:if this is all true, then I prob wouldn't test this non-compete contract unless you are willing to hire an attorney. Will the old company know you are working for the new company?
when you lose your number one sales rep and your top account bringing in 35% of business
Posted on 2/21/19 at 4:15 pm to arcalades
quote:
Will the old company know you are working for the new company?
Probably not for a while, but i'm sure they'll eventually find out and try to screw me.
Posted on 2/21/19 at 4:15 pm to dcrews
quote:
Not a lawyer but I believe if you aren't paid for the non-compete, they can't do dick.
True, but if your continued employment hinges on signing it then that counts as being compensated to sign it.
Posted on 2/21/19 at 4:30 pm to BeachDude022
How many reps were at the 42 bed unit?
I have been under non competes for 15 years. In La, and they are all enforceable provided they meet the requirements.
You could call the company. If you truly are not competing with them, they will have no reason to enforce it.
Does your current company know about this contract you are under....did you sign anything with them or take a bonus?
I have been under non competes for 15 years. In La, and they are all enforceable provided they meet the requirements.
You could call the company. If you truly are not competing with them, they will have no reason to enforce it.
Does your current company know about this contract you are under....did you sign anything with them or take a bonus?
Posted on 2/21/19 at 4:42 pm to dcrews
quote:I have heard this before. In my first job I was told that the job, the territory, the training all had a value that I received in addition to a small bonus.
a lawyer but I believe if you aren't paid for the non-compete, they can't do dick
The second job, I brought that to the table and they paid me a significant sign on bonus.
The last job, the employer was being cute I was given 1 dollar to satisfy this requirement. I was told that this would not bind me to the contract. The
Posted on 2/21/19 at 4:42 pm to BasilFawlty
quote:
That's the main point, they can enforce if they choose to.
This is a big point. Even a valid non-compete is worthless if the company isn't going to bother enforcing it.
If they got rid of the CEO, they might not want to re-open this can of worms. But that's something you or your attorney can discuss with them.
Posted on 2/21/19 at 5:23 pm to BeachDude022
quote:
Do non-competes hold any water, ever? I left my job in October due to circumstances completely out of my control. My old competitor now wants to hire me on for a different area. I signed a two-year non-compete at my first job though. Can they come back and sue me if I accept this job? I'll hang up and listen.
Talk to a lawyer in your state who knows about non-competes. Don't come here - most of the advice is shite.
In Louisiana and Texas, the courts can and do enforce valid non-compete agreements. I've represented employers and haven enforced non-competes many times. There are technical rules, however, and Louisiana non-competes are often unenforceable because our statute is somewhat different from the laws in other states.
Don't let anyone tell you that "the courts don't enforce non-competes," as that statement is absolute b.s.
Posted on 2/21/19 at 5:25 pm to MMauler
quote:
At the time, in Louisiana, a noncompete could be enforced but it had to be limited to three contiguous parishes
This must have been a long time ago because I've never heard of a "three parish" limit. For a long time, there was a split among the courts of appeal as to whether you could enforce a non-compete against someone who went to work for another company as an employee. The conflict was resolved in Swat24 v. Bond, which held that the statute did not apply to someone going to work for a new company as any employee. So, the legislature fixed the statute so that it does apply to someone obtaining employment in violation of the non-compete (IF the non-compete otherwise complies with the statute).
Posted on 2/21/19 at 6:21 pm to BeachDude022
Sorry, I don’t understand. How are they screwing you by enforcing a contract that you signed with them?
Posted on 2/21/19 at 7:13 pm to Kcprogguitar
Here is the real answer... Will your new employer back you up if you get sued? If not, can you afford $400 an hour for a Lawyer?
Posted on 2/21/19 at 7:22 pm to BeachDude022
quote:
My situation was basically a he-said/she-said, and I was suspended without pay, so I resigned.
Was she hot? Did you grab arse or titties?
Posted on 2/21/19 at 7:25 pm to Kcprogguitar
quote:
Sorry, I don’t understand. How are they screwing you by enforcing a contract that you signed with them?
Non-compete are designed so the company can exploit their employees. The company screwed him by making him sign it.
Posted on 2/21/19 at 7:46 pm to wadewilson
Try not to tell the firm that wants to hire you - many would rather not deal with it.
Posted on 2/21/19 at 7:58 pm to LeroyBrown
quote:
Try not to tell the firm that wants to hire you - many would rather not deal with it.
That would be dumb. Let one of their attorneys look at it and then maybe they go to bat for him if they feel like there is no case and he is a asset for them.
You think they will want to stick up for the guy if he doesn't disclose his non compete and gets them sued in the process?
Posted on 2/21/19 at 8:00 pm to BeachDude022
Get Gordon, get it done
Posted on 2/21/19 at 8:07 pm to specchaser
Given the situation and how it was handled, you could always reach out to HR at the former hospital and see if they will release you from the non compete. Odds are they will claim it's policy and can't do anything, but you never know.
That also tips them off that you're going to work for a competitor though.
That also tips them off that you're going to work for a competitor though.
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