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Started By
Message
re: OT lawyers:Can a non-compete in Louisiana restrict me from working in every single parish?
Posted on 12/29/18 at 7:27 am to Dawgholio
Posted on 12/29/18 at 7:27 am to Dawgholio
quote:
Everyone gets out of noncompetes. Usually your new employer will find a way out. They are there more to scare the employee instead of being actually enforced.
Absolutely clueless.
1
Posted on 12/29/18 at 7:42 am to LSUTigersVCURams
quote:
In fact, courts in LA will modify ncas down to 2 years because the statute limits them to 2 years. Seen it happen at least twice.
Good to know, it makes sense. And I seem to recall a case where the term exceeded two years (let’s just say it was a 3 year) but the Court ignored it because over three years had passed since termination of the agreement.
Even if temporal element is not totally binary, that (2 years or less) + parish based geo scope list are the two key things to get right.
Posted on 12/29/18 at 7:43 am to tLSU
quote:
Absolutely clueless.
I switched companies in my industry when I had a noncompete. I know more about it than you
Posted on 12/29/18 at 7:53 am to Dawgholio
As others have said, your old employer can’t prevent you from working. And , I have never seen an old employer completely “win” one of these. What I have seen is where settlements are reached that limits what the employee can do. For example, we had a project manager leave us and go to a competitor. He was under a non-compete. The settlement reached was that he could solicit business from anyone globally except one specific customer. So, I guess you could say he “won” 99% of the case.
Posted on 12/29/18 at 7:58 am to Dawgholio
quote:
I know more about it than you
I practice in the area and taught 4 CLEs on the topic in the past month.
Posted on 12/29/18 at 8:00 am to Dawgholio
quote:
I switched companies in my industry when I had a noncompete. I know more about it than you
My last employer sprung one on us at the end of yearly sales convention. Handed them out on the last day as everyone was about to leave. I threw it in the garbage. They never asked me for it, and I ended up starting my own company about 6 months later. They are no longer in business. I'm still going strong 16 years later. A coworker signed it, worked for them a few more years, took a job offer at a competitor, and they sued him. He spent a lot of money on lawyers, and ended up losing. If memory serves me right, he had to pay them for all the training and schools they sent him to. Shitty company, but they were right in this instance.
Posted on 12/29/18 at 8:02 am to Dawgholio
quote:
I switched companies in my industry when I had a noncompete. I know more about it than you
i'm a Louisiana lawyer who has handled multiple cases of NCs, including one that went to trial. NCs are serious, enforceable, and offending issues can be severed from the document in many cases (in order to preserve enforceability)
Posted on 12/29/18 at 8:03 am to tLSU
quote:
I practice in the area and taught 4 CLEs on the topic in the past month.
OK you win
Posted on 12/29/18 at 8:22 am to TDsngumbo
Not an attorney so take everything with a grain of salt.
1. Of you had a bad work environment and can prove it no judge will enforce it.
2. If you bring the skills to the job ie your an engineer and they bring you on it’s not going to be easy to enforce it.
Now if it is well written:
1. If you were an apprentice and that apprenticeship gave you significant increase in earning potential, your screwed. Especially if you were well compensated during that apprenticeship.
2. Salesmen who take clients that they met through their previous employer.
3. If you badmouth your previous employer to their clients in an attempt to get their business.
About 6-7 years ago Louisiana significantly increased their enforceability
1. Of you had a bad work environment and can prove it no judge will enforce it.
2. If you bring the skills to the job ie your an engineer and they bring you on it’s not going to be easy to enforce it.
Now if it is well written:
1. If you were an apprentice and that apprenticeship gave you significant increase in earning potential, your screwed. Especially if you were well compensated during that apprenticeship.
2. Salesmen who take clients that they met through their previous employer.
3. If you badmouth your previous employer to their clients in an attempt to get their business.
About 6-7 years ago Louisiana significantly increased their enforceability
This post was edited on 12/29/18 at 8:23 am
Posted on 12/29/18 at 8:26 am to TDsngumbo
I'm late to the party, but I'll tell you how these agreements work for the employer. They drag you into a legal battle and have more money and resources than you do. Your best bet is to try to work out an amicable agreement somehow. I know this from personal experience.
Posted on 12/29/18 at 8:31 am to TDsngumbo
It depends. Go spend some money on a lawyer in Louisiana who has expertise in this area and find out.
Posted on 12/29/18 at 8:34 am to TDsngumbo
What kind of profession are you in?
Posted on 12/29/18 at 8:37 am to tLSU
quote:
I practice in the area and taught 4 CLEs on the topic in the past month.
I know December is CLE season, but Jesus man, four in one month sounds painful
Posted on 12/29/18 at 8:50 am to lsucoonass
quote:not sure how we have gone 4 pages and he hasn't mentioned this yet
What kind of profession are you in?
Posted on 12/29/18 at 8:53 am to Pax Regis
This, just go pay someone a few hundred to take a look. They'll be able to tell you what portions are enforceable, as well as whether that company has pursued former employees.
Posted on 12/29/18 at 8:54 am to Joshjrn
It wasn't terrible, I just had to show up once a week for an hour, do my segment and leave. I made the outline last year and just briefly updated it. You get a ton of credit for each hour taught, so all i needed was the online ethics and professionalism.
Posted on 12/29/18 at 8:54 am to Lsuhack1
quote:this is the main one I have seen enforced , especially if the salesman knows all the prices from his current company. Here in this instance, I have some empathy for the employer. Imagine you have a company , and your best salesman who knows all your prices , simply walks to the competitor and offers your clients a garenteed 20% discount if they go with him.
2. Salesmen who take clients that they met through their previous employer
Posted on 12/29/18 at 8:57 am to tLSU
quote:
It wasn't terrible, I just had to show up once a week for an hour, do my segment and leave. I made the outline last year and just briefly updated it. You get a ton of credit for each hour taught, so all i needed was the online ethics and professionalism.
Three hours per hour of lecture and another three for newly prepared materials; I’m very aware
Was tremendously annoyed to find out years ago that when you roll over ethics or professionalism credits to the next year, they convert to normal hours. I don’t know if I’ve agreed to teach another CLE since
This post was edited on 12/29/18 at 8:58 am
Posted on 12/29/18 at 9:03 am to Joshjrn
meh. if you rack up like 30 rollover hours, you can always find free, local ethics/prof CLEs
hell the ODC puts on that one ethics thing around the big cities
hell the ODC puts on that one ethics thing around the big cities
Posted on 12/29/18 at 9:12 am to SlowFlowPro
quote:
meh. if you rack up like 30 rollover hours, you can always find free, local ethics/prof CLEs
hell the ODC puts on that one ethics thing around the big cities
It was the principle of the thing
Most years, I either get both at the end of year ODC CLE in BR City Hall or pay $20 to do an hour online.
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