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1
Posted on 2/8/17 at 2:21 pm to SlowFlowPro
non-compete was the topic of my oral argument 1L year at LSU
Posted on 2/8/17 at 2:39 pm to TigerOnTheMountain
It depends on the contract. Typically, a non-compete in LA cannot be for more than two years after the end of the employment and must be specific as to which parishes it applies to. (ex. employee cannot work at another competitor in the state of LA is not specific enough and would be unenforceable)
If the non-compete lasts more than 2 years or doesn't literally say this employee is barred from Calcasieu, EBR, etc., it is not enforceable.
ETA: Also, if they signed the agreement in LA, LA law should apply. If they signed it in Ga, their law will possibly apply.
If the non-compete lasts more than 2 years or doesn't literally say this employee is barred from Calcasieu, EBR, etc., it is not enforceable.
ETA: Also, if they signed the agreement in LA, LA law should apply. If they signed it in Ga, their law will possibly apply.
This post was edited on 2/8/17 at 2:41 pm
Posted on 2/8/17 at 3:31 pm to PrideofTheSEC
quote:
non-compete was the topic of my oral argument 1L year at LSU
Betty Bassett all the way
Posted on 2/8/17 at 4:08 pm to LSUtiger17
Pet Utopia son
Posted on 2/8/17 at 4:18 pm to PrideofTheSEC
Betty Bassett was a sloot
Posted on 2/8/17 at 4:19 pm to TigerOnTheMountain
quote:
know that a non compete in LA is essentially meaningless
Each state is different, but pretty much if the noncompete is limited in geography, scope, and length and doesn't act to deprive someone of their livelihood it has a very good chance of holding up enough to get a TRO put on you for violating it.
Posted on 2/8/17 at 4:29 pm to PrideofTheSEC
quote:
non-compete was the topic of my oral argument 1L year at LSU
You're lucky. We pissed off the prof and got a ridiculous tax issue. I still hate the tax code bc of the class.
Posted on 2/8/17 at 4:37 pm to TigerOnTheMountain
The only thing that makes non-competes virtually meaningless anywhere are if they are attempting to enforce one against a lawyer. Shocking, I know.
OP, your question is a pretty sophisticated one given the interstate aspects involved.
OP, your question is a pretty sophisticated one given the interstate aspects involved.
Posted on 2/8/17 at 4:39 pm to TigerOnTheMountain
quote:
I know that a non compete in LA is essentially meaningless
A terrible assumption - I get the courts to enforce them on a regular basis.
The choice of law would be Louisiana if she is working in Louisiana. This does not mean they won't try to sue her in Ga.
I had a television station sue a reporter in Delaware over a non-compete. They tried to enforce the judgment in La. Before we could litigate it, she got a much better paying job so the issue was moot.
This post was edited on 2/8/17 at 4:42 pm
Posted on 2/8/17 at 6:08 pm to TigerOnTheMountain
quote:
I know that a non compete in LA is essentially meaningless.
Did you ever notice that when someone says in a post, "I know that ...," they are very often wrong?
Not picking on OP, and I've probably done it myself, but it happens a lot.
Posted on 2/8/17 at 8:27 pm to T Blair
It's my understanding that LA has a provision stating that a non compete can not directly effect a former employees ability to earn an income.
An issue I likely will have to approach is the nature of my business. I own several domains and do business across the country as well as internationally.
An issue I likely will have to approach is the nature of my business. I own several domains and do business across the country as well as internationally.
This post was edited on 2/8/17 at 8:34 pm
Posted on 2/8/17 at 9:50 pm to TigerOnTheMountain
quote:
She contacted me to gauge interest
Pics????
Posted on 2/8/17 at 11:03 pm to TigerOnTheMountain
Not true.
Posted on 2/8/17 at 11:35 pm to chinhoyang
quote:
Not true.
This is interesting to me because I had a friend recently who was laid off from a particular company that had a very rigid, super-defined non-compete (specific parishes and the correct lingo that lines up with the La ordinance etc).
Well, apparently he was really productive at his job and the boss hated to see him go but had no choice so in the same lay off conversation recommended another local competing company he knew was looking for a similar position accross town. So my friends ex-boss ended up VOUCHING for him and was a critical reference in getting him hired within weeks at this competing company.
The real thing my buddy couldn't believe was the new company (which-was much more structured and formal-corporate environment owned by an international conglomerate) actually agreed to hire him despite the fact that the old company wouldn't tear up the non-compete (simply by assuring the new company the non-compete would not be enforced,)
This post was edited on 2/8/17 at 11:36 pm
Posted on 2/9/17 at 2:42 am to TigerOnTheMountain
A non-compete cost me 10,000 to fight. I won (I had to pay my legal fees)
A lot of truth in this thread. But if the old company wants to send a message, it will cost to fight it.
A lot of truth in this thread. But if the old company wants to send a message, it will cost to fight it.
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