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Message
re: Professional non-compete clauses
Posted on 1/4/24 at 10:07 am to GasMan
Posted on 1/4/24 at 10:07 am to GasMan
In Louisiana you have to list the specific parishes covered and to make it stick you must have given the employee some kind of compensation for the non-compete above and beyond the annual salary like a sign on bonus that is specifically attached to the non-compete.
0
Posted on 1/4/24 at 10:17 am to 3nOut
quote:do you fit the exemption laid out in subsection f? if not, you are breaking Texas law.
I’m in Texas.
Posted on 1/4/24 at 10:37 am to CarRamrod
I’ve seen a myriad of NC agreements over my 25 year sales career. I have a simple response to them-
“If you want me to sign your NC agreement, you will sign my employment contract.” I’ve yet to have an employer agree to those terms, so I haven’t ever signed one. It’s one of the main reasons I tend to work for smaller companies; the behemoth corporations would rescind the offer. That’s never happened to me either.
“If you want me to sign your NC agreement, you will sign my employment contract.” I’ve yet to have an employer agree to those terms, so I haven’t ever signed one. It’s one of the main reasons I tend to work for smaller companies; the behemoth corporations would rescind the offer. That’s never happened to me either.
Posted on 1/4/24 at 10:53 am to CarRamrod
quote:
do you fit the exemption laid out in subsection f? if not, you are breaking Texas law.
i am? or my employer is?
Posted on 1/4/24 at 10:56 am to TDsngumbo
quote:
I’m breaking mine this week actually. I’ve spoken to two employment attorneys who have educated me tremendously and have decided I’m good to go. These agreements must be written in an outrageously specific manner in order to hold up in Louisiana and mine is all over the place with contradicting statements, over broad language, and a restricted territory that isn’t anywhere near specific enough. On top of all of that, I signed it before my first day of employment which also calls into question the validity of the contract.
Are you aware that the judge can say that the noncompete isn’t valid but also reduce the restrictions down to what would be acceptable? In that case you would be restricted to not performing your job in the parish you worked. I would be careful.
You better check with your attorneys on that
Posted on 1/4/24 at 10:57 am to 3nOut
quote:not real famualir with texas but i just read the law and not to sure what it means. But does your company provide engineering services? do you have this on business cards etc? there's a few things that as to be where you are exempt, but idk.
i am? or my employer is?
Posted on 1/4/24 at 10:57 am to GasMan
They are extremely common in my field. I’ve heard of some pretty ridiculous ones with things like 30 mile radius of current place of employment. I have heard from many though that they are usually very tough to get to hold up in court.
Posted on 1/4/24 at 11:07 am to GasMan
"we got along well, and she was kind of hot" Embedded in gasman start of this thread and no body has asked for pictures in four full pages of comments. Slipping badly
Posted on 1/4/24 at 11:40 am to Knuckle Checker
quote:
Are you aware that the judge can say that the noncompete isn’t valid but also reduce the restrictions down to what would be acceptable? In that case you would be restricted to not performing your job in the parish you worked. I would be careful.
It would t go to a judge, it would go to arbitration. Also, I won’t be doing something similar to my current position. Totally different responsibilities.
Posted on 1/4/24 at 12:42 pm to caro81
quote:
I have heard from many though that they are usually very tough to get to hold up in court.
Only poorly written ones.
Properly drafted non-competes are easy to enforce.
Posted on 1/4/24 at 12:42 pm to GasMan
lawyer once gave me the exact same opinion that your firm lawyers gave you. if the person resigning is not stealing some sort of copyright, proprietary, or patented info, why go after them? a judge is going to allow them to work within their profession
Posted on 1/4/24 at 12:44 pm to GasMan
Forget if the contract is enforceable or not. The real problem is if the ex-employer sues you, they can easily outspend you on legal proceedings. That's how they enforce it.
Posted on 1/4/24 at 12:55 pm to Twincam
I received a cease and desist letter from a company I DIDNT have a non compete with. I wasn’t even some senior level person either.
It went to my parents’ house who called me all freaked out. I LOL’d and told them to throw it in the trash.
Never heard from them again.
It went to my parents’ house who called me all freaked out. I LOL’d and told them to throw it in the trash.
Never heard from them again.
Posted on 1/4/24 at 12:56 pm to Will Cover
quote:
From my understanding, they aren't enforceable, at least in Louisiana.
Ochsner is known for being assholes about this.
Posted on 1/4/24 at 12:58 pm to thekid
quote:Funny story. I was sitting in a bar lounge at this super nice Hilton in downtown OKC.
I worked as an executive for the worst bbq restaurant company in the world…rhymes with Hickies…I didn’t have a contract but after 6 months they wanted me to sign a non-compete…I did some research and signed it handed it to my boss and laughed in his face how utterly useless that thing was…they gave the same document to everyone in the corporate office to sign…Laughable
Got into a discussion with a lot of different people, and the subject of BBQ came up. Everyone was naming their favorite. This guy says Dickies (not sure why you pussed out on naming it) and I responded that Dickie's is the worst BBQ that I ever had. I said, "it tastes like high school cafeteria BBQ".
About 10 minutes later, we were all getting liquored up and started talking about what we do professionally. This guy says, "my family owns Dickie's BBQ".
Posted on 1/4/24 at 12:59 pm to Indefatigable
quote:
Properly drafted non-competes are easy to enforce.
They have to be very, very specific in restricted territory. It's also important to have the employee sign it after they have already begun employment. Including it in offer letters is a grey area that sometimes causes them to be thrown out since the employee isn't yet an employee at the time of signing it. It's best practice to have the employee sign it once they've already started the job. Louisiana hates non-competes and makes employers do their due diligence in order to enforce them.
Posted on 1/4/24 at 1:17 pm to SquatchDawg
quote:
also, if you have to sign it as part of your employment agreement you received “consideration” for it and it’s more enforceable. If they force it in you after employment with no consideration, less so.
Prenups are similar. If you spring a prenup on your soon to be spouse too close to the wedding, many times they can be declared unenforceable due to the pressure attached. I imagine that is especially so if the other person is stating they were pressured just before the wedding without it being discussed early on.
Posted on 1/4/24 at 1:38 pm to GasMan
This is on the fringe of the discussion, but as a recent college grad, I took a straight commission job selling dictation equipment for Lanier, a competitor market share leader Dictaphone.
The first morning in training, an older dude pulled me aside and told me to write "Dictaphone Rep" on the top of all business cards I hand out. fricking genius.
The first morning in training, an older dude pulled me aside and told me to write "Dictaphone Rep" on the top of all business cards I hand out. fricking genius.
Posted on 1/4/24 at 2:24 pm to Friscodog
quote:
Is Louisiana a "right to work state"? I know in TX these are pretty much worthless as TX is a right to work state.
Doesn't matter. There is a Louisiana law that makes non-competes valid if you follow the statute. Anyone who disagrees is totally clueless.
Posted on 1/4/24 at 2:40 pm to GasMan
I don't think you can legally deny someone the right to earn a living. There could be other limits imposed, but not non-compete. I am not lawyer, nor have I ever gone to work for a direct competitor of any company I worked for, or did any consulting for a direct competitor after leaving or retiring, even thought I was approached twice.
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