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Message
OT lawyers:Can a non-compete in Louisiana restrict me from working in every single parish?
Posted on 12/28/18 at 4:25 pm
Posted on 12/28/18 at 4:25 pm
I have a non-compete that restricts me from soliciting business for a competitor in every single parish of the state for 1 year after termination or up to the maximum the law allows (which in Louisiana I believe is 2 years).
Can my current employer restrict my right to work in every single parish? Would this void the non-compete agreement or am I screwed until it's over?
Can my current employer restrict my right to work in every single parish? Would this void the non-compete agreement or am I screwed until it's over?
This post was edited on 12/28/18 at 4:28 pm
38
Posted on 12/28/18 at 4:27 pm to TDsngumbo
I doubt it would stop you in St. Tammany. That’s a lawless godforsaken place.
Posted on 12/28/18 at 4:29 pm to TDsngumbo
I'm no lawyer but I have some experience with non competes. They are generally not enforceable if they are too broad. So just saying that you can't work anywhere in Louisiana will not cut it. I believe that every parish has to be listed. Are all 64 parishes listed in your non compete? Are any parishes or cities listed in your non compete?
Posted on 12/28/18 at 4:29 pm to OysterPoBoy
quote:
doubt it would stop you in St. Tammany. That’s a lawless godforsaken place.
Sorry you can’t swing a house note over here Mr. Poor Pants
Posted on 12/28/18 at 4:29 pm to jflsufan
Yes all 64 parishes are listed.
Posted on 12/28/18 at 4:30 pm to TDsngumbo
Just from limited searches that I’ve done in the past, I don’t think it could be valid for every parish.
Posted on 12/28/18 at 4:31 pm to TDsngumbo
Who would sign such a ridiculous contract? Hope you got a sizeable signing bonus at least...
Posted on 12/28/18 at 4:32 pm to TDsngumbo
Non-competes are something this state's judiciary frowns upon, so they will only be enforced if they meet very specific criteria. They have to name the parish, or parishes, where it extends. They have to be very specific. However, there is a circuit split. The 3rd Circuit just requires they be "identifiable" rather than explicitly named.
I would imagine a non-compete that names every goddamn parish would be found to be over-broad and struck down, but I would consult a lawyer to be sure.
I would imagine a non-compete that names every goddamn parish would be found to be over-broad and struck down, but I would consult a lawyer to be sure.
Posted on 12/28/18 at 4:32 pm to Epic Cajun
I have seen this question posted to the folk on the Money Talk (MT) Board here on TD.com. I think-to be honest-you'll get better feedback posting this same question there.
From the information shared there, Non-competes in Louisiana are incredibly difficult if not outright impossible to enforce. Regardless of whether you signed it or not.
However, I am officially practicing law without a license...and I didn't even stay at a Holiday Inn last night. Do yourself a favor and post this over there, or contact a decent attorney who specializes in employment law. Or contact a decent attorney and ask for a referral to a decent attorney who specializes in employment law.
Good luck.
From the information shared there, Non-competes in Louisiana are incredibly difficult if not outright impossible to enforce. Regardless of whether you signed it or not.
However, I am officially practicing law without a license...and I didn't even stay at a Holiday Inn last night. Do yourself a favor and post this over there, or contact a decent attorney who specializes in employment law. Or contact a decent attorney and ask for a referral to a decent attorney who specializes in employment law.
Good luck.
Posted on 12/28/18 at 4:32 pm to TDsngumbo
quote:
Yes all 64 parishes are listed.
Not good.
Did you receive any kind of compensation or bonus for signing the non compete?
Posted on 12/28/18 at 4:33 pm to kingbob
quote:
would consult a lawyer to be sure
That’s probably what I’m going to end up doing.
Posted on 12/28/18 at 4:33 pm to TDsngumbo
Non lawyer here but I have some experience with noncompetes as a hiring manager. In general - they are unenforceable. In some narrow and specific cases they are legit but very rare.
Posted on 12/28/18 at 4:36 pm to TDsngumbo
Why someone would ask this question on this board is beyond me, yet it happens all the time.
Posted on 12/28/18 at 4:36 pm to jflsufan
quote:
Did you receive any kind of compensation or bonus for signing the non compete?
Yea, it was called a paycheck.
Posted on 12/28/18 at 4:38 pm to TDsngumbo
And training and access to customers and vendors, etc.
Posted on 12/28/18 at 4:39 pm to TDsngumbo
quote:
TDsngumbo
quote:
Yea, it was called a paycheck.
That was compensation in exchange for the acceptance of the job offer. The Non-Compete would've been a (potentially negotiable) condition of the employment offer.
#ImNotSayingImJustSaying
Posted on 12/28/18 at 4:42 pm to TDsngumbo
quote:
Did you receive any kind of compensation or bonus for signing the non compete?
quote:
Yea, it was called a paycheck.
I mean did you get any compensation that was specifically in exchange for signing the non-compete? This could be a sign on bonus, percentage of ownership, deferred compensation plan, or anything above and beyond your normal pay check that they can say you received in exchange for the non compete.
Posted on 12/28/18 at 4:44 pm to TDsngumbo
You need to have it reviewed by an employment lawyer.
Posted on 12/28/18 at 4:46 pm to TDsngumbo
quote:
non-compete
Is only as good as the will and desire to enforce via legal means.
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