re: OT lawyers:Can a non-compete in Louisiana restrict me from working in every single parish?

I signed one and broke it according to my old company. I disagree as I was not in the same field)I was nervous my new company would
Just fire me as I had been with my new company a month when old company sued me and current company. Not only did my current company fight it in court, but they let me use their lawyers for free to fight it as well. We won and they didn’t fire me. Can’t help answering your question just wanted to brag about how awesome my current employer is.

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Did you receive any kind of compensation or bonus for signing the non compete?

Yea, it was called a paycheck.

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I'm pretty sure what industry you're in and I do know that 15 years ago they would list every parish because none ever held up and still I haven't seen any hold up over the last 15 years. Your current employer probably just got fricked by a salesman and now thinks he's going to get all of you to sign a non-compete. Sign it or don't it won't be enforceable.

Is Louisiana a "right to work" state? TX is, and non-competes are basically worthless here.

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Sorry you can’t swing a house note over here Mr. Poor Pants

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St. Tammany.

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land of the McMansions and $30k millionaires

Even though there are exceptions, I think it would be difficult to enforce if it hurts your livelihood.

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Louisiana law generally makes all agreements by which a person is "restrained from exercising a lawful profession, trade, or business of any kind" null and void. Automobile salesmen are specifically prohibited from agreeing to refrain from selling new cards. The statute, however, contains a number of useful exceptions. For example, a non-compete agreement is valid if it is limited to a term of two years and to parishes or municipalities where the employer in fact carries on its business. In some cases, this provision can allow non-compete agreements that are valid throughout the state.

Non-compete agreements are also valid in other circumstances. If the seller of a business agrees to refrain from engaging in the same business for a period not to exceed two years, the agreement is valid and can be enforced by the buyer of the business. Partners may, upon dissolution of the partnership, agree among themselves to refrain from engaging in the same business or profession for a period of two years. Franchisors and franchisees are authorized to use non-compete agreements to protect the franchise enterprise from competition during the term of the franchise.

The non-compete law in Louisiana is unusually complicated. Anyone who is contemplating the use of such an agreement, or anyone who has been asked to sign one, may wish to consult an experienced business attorney for advice on the validity of the agreement.

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Most companies do it as a scare tactic and won't even go as far as litigation. I myself and a few people I know, along with a company I worked for have dealt with this before.I don't know what company or field you do work for though.

I'm speaking of a company forcing him to sign a non-compete to remain employed. That would be under-duress. I don't know that to be his situation am assuming so.

Does that non compete specifically mention the other two big plaintiff firms in the area? Lulz

Louisiana Revised Statute 23:921 governs.

Lots of mythology out there on LA noncompetes, most of it bullshite. They are enforced often in LA, but many are also written that are invalid. A whole bunch are close calls, and it could cost a fortune in fees to get a court ruling and find out.

The most often applicable section of the statute says:

C. Any person, including a corporation and the individual shareholders of such corporation, who is employed as an agent, servant, or employee may agree with his employer to refrain from carrying on or engaging in a business similar to that of the employer and/or from soliciting customers of the employer within a specified parish or parishes, municipality or municipalities, or parts thereof, so long as the employer carries on a like business therein, not to exceed a period of two years from termination of employment. An independent contractor, whose work is performed pursuant to a written contract, may enter into an agreement to refrain from carrying on or engaging in a business similar to the business of the person with whom the independent contractor has contracted, on the same basis as if the independent contractor were an employee, for a period not to exceed two years from the date of the last work performed under the written contract.


I (1) There shall be no contract or agreement or provision entered into by an automobile salesman and his employer restraining him from selling automobile.