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Started By
Message
Question for the OT lawyers about non-compete
Posted on 2/2/16 at 10:10 am
Posted on 2/2/16 at 10:10 am
If my company changes my comp plan, does it void my non-compete?
8
Posted on 2/2/16 at 10:19 am to deathvalleygrassmmmm
probably not but maybe but it might be unenforceable anyway but not if they did it right but probably if you said screw it and breached they wouldn't do anything or if they did they might have trouble enforcing but probably not if the judge care about the law, maybe, possibly.
Posted on 2/2/16 at 10:21 am to Putty
This is the best explanation of non-competes I've seen on here in the hundreds of threads on the topic.
Posted on 2/2/16 at 10:23 am to Putty
quote:This is the most accurate answer you'll get about your non compete until a judge looks at it, listens to arguments, evaluates evidence and offers his/her opinion.
probably not but maybe but it might be unenforceable anyway but not if they did it right but probably if you said screw it and breached they wouldn't do anything or if they did they might have trouble enforcing but probably not if the judge care about the law, maybe, possibly.
Posted on 2/2/16 at 10:23 am to deathvalleygrassmmmm
Answer: (1)No, it does not void your non-compete
(2) If your in La, don't worry about your non compete anyway.
(2) If your in La, don't worry about your non compete anyway.
Posted on 2/2/16 at 10:27 am to deathvalleygrassmmmm
You would have to sign a new non-compete I believe to void or change your current one, in this case your current one would stay in place. At a company I worked at years ago they gave everyone some extra stock options but when they offered them you had to sign a new non-compete in order to get them and it was just a brutal non-compete so I let them keep their options. This company had sued and won against many former employees for violating their non-competes so there was no way I was signing that shite and I am glad I didn't.
This post was edited on 2/2/16 at 10:28 am
Posted on 2/2/16 at 10:28 am to Count Chocula
quote:
(2) If your in La, don't worry about your non compete anyway.
This is scary wrong.
There are two basic and simple requirements that make them valid in Louisiana.
They are enforced all the time.
They have attorney fees and costs clauses that put you at risk for paying the other side's fees if you lose.
You better get a consultation from an experienced employment lawyer before you even think about trying to break one.
This post was edited on 2/2/16 at 10:28 am
Posted on 2/2/16 at 10:30 am to Putty
Go with Putty's answer and disregard all other responses in this thread. Then, go to an attorney that handles business law issues and get that person to look at your non-compete document. 
Posted on 2/2/16 at 10:31 am to deathvalleygrassmmmm
Sabidojo will be here to give you a terrible answer...
Posted on 2/2/16 at 10:36 am to TigerGman
quote:Ive seen them now where they are Parish Specific. Companies are hoping that this adds more teeth than just being State specific.
This is scary wrong.
Posted on 2/2/16 at 10:45 am to Count Chocula
quote:
(2) If your in La, don't worry about your non compete anyway.
BZZZZZ wrong answer
In Louisiana, they are limited in duration and scope by statute, but as long as they comply with the statute, they are enforceable.
Posted on 2/2/16 at 10:54 am to TigerGman
quote:
This is scary wrong. There are two basic and simple requirements that make them valid in Louisiana. They are enforced all the time. They have attorney fees and costs clauses that put you at risk for paying the other side's fees if you lose.
Depends on the terms. Louisiana is very unfriendly to non-compete clauses. I agree that he should get an attorney before doing anything, but my impression from "G-Money" Morris' classes was that Louisiana always looked unfavorably upon these clauses.
Posted on 2/2/16 at 10:55 am to Putty
Posted on 2/2/16 at 11:02 am to Putty
I've always wondered this. Suppose you get hired and sign non-compete. A month later, company reduces your hired salary by 50%. Are you saying that the non-compete wouldn't void, would still be valid, and if you quit, you would still be bound to the original?
Posted on 2/2/16 at 11:10 am to lsu480
quote:
so I let them keep their options
How long did it take for them to get rid of you?
Posted on 2/2/16 at 11:11 am to GaryMyMan
quote:
probably not but maybe but it might be unenforceable anyway...
quote:
This is the best explanation of non-competes I've seen on here in the hundreds of threads on the topic.
Posted on 2/2/16 at 11:12 am to deathvalleygrassmmmm
Nope.
The grass is not always greener on the other side
The grass is not always greener on the other side
Posted on 2/2/16 at 11:12 am to deathvalleygrassmmmm
There are thread above and below your about Groundhog's Day and Valentine's Day.
Are you sure this is really the place you want to seek legal advice on something as important as your job?
Are you sure this is really the place you want to seek legal advice on something as important as your job?
Posted on 2/2/16 at 11:14 am to boosiebadazz
quote:
There are thread above and below your about Groundhog's Day and Valentine's Day.
Are you sure this is really the place you want to seek legal advice on something as important as your job?
Posted on 2/2/16 at 11:15 am to logjamming
quote:
Depends on the terms. Louisiana is very unfriendly to non-compete clauses. I agree that he should get an attorney before doing anything, but my impression from "G-Money" Morris' classes was that Louisiana always looked unfavorably upon these clauses
Louisiana is not unfriendly to non-competes as they get enforced all the time if they are written correctly.
You have to name the parishes and/or cities, you can't have the typical "within 200 miles of Shreveport" type language (though occasionally courts reform those, but it is rare).
This post does not constitute legal advice.
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