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Right to work vs Non Compete Agreements
Posted on 10/20/15 at 2:15 pm
Posted on 10/20/15 at 2:15 pm
Does Louisiana's (or any state's) Right-to-Work law have anything to do with non compete agreements? I know that non compete agreements are sometimes held up in LA courts, but I always hear people say that they can't be because this is a "right to work" state. I'm under the impression that Right-to-Work is only relevant to union membership.
Thanks
Thanks
This post was edited on 10/20/15 at 2:17 pm
8
Posted on 10/20/15 at 2:16 pm to Bill Dauterive
It seems like non compete agreements are always full of loopholes
Posted on 10/20/15 at 2:17 pm to Bill Dauterive
right to work deals with collective bargaining and unions
non-compete agreements are not related to that, but the general legal concepts around NCAs use words like "Right to work"
non-compete agreements are not related to that, but the general legal concepts around NCAs use words like "Right to work"
Posted on 10/20/15 at 2:26 pm to Bill Dauterive
I am not an attorney but I have had some experience with this.
non competes are very enforceable in Louisiana, if they are written correctly.
Two of the major clauses they should contain for enforceability are
1) consideration: there should be some form of consideration given for signing. It could be as simple as stating that continued employment is based upon signing the agreement.
2) it needs to list very specific lines of business and geographic areas that the non compete will be enforced.
If you are being asked to sign one, get an experienced attorney to review it first.
non competes are very enforceable in Louisiana, if they are written correctly.
Two of the major clauses they should contain for enforceability are
1) consideration: there should be some form of consideration given for signing. It could be as simple as stating that continued employment is based upon signing the agreement.
2) it needs to list very specific lines of business and geographic areas that the non compete will be enforced.
If you are being asked to sign one, get an experienced attorney to review it first.
Posted on 10/20/15 at 2:27 pm to Bill Dauterive
I think in LA they have to be confined to a certain Parish.
Posted on 10/20/15 at 2:37 pm to poule deau
quote:
I am not an attorney but I have had some experience with this. non competes are very enforceable in Louisiana, if they are written correctly. Two of the major clauses they should contain for enforceability are 1) consideration: there should be some form of consideration given for signing. It could be as simple as stating that continued employment is based upon signing the agreement. 2) it needs to list very specific lines of business and geographic areas that the non compete will be enforced. If you are being asked to sign one, get an experienced attorney to review it first.
This is my understanding as well. Specifically lising of the zip codes/parishes in the non compete agreement. I have gotten out of two different non-compete agreements because the geographical area was not specific enough.
Posted on 10/20/15 at 2:56 pm to sabanisarustedspoke
quote:
I have gotten out of two different non-compete agreements because the geographical area was not specific enough
I'm curious as to what the area was specified as and what you/lawyer used an argument. Could you fill me in?
thanks
Posted on 10/20/15 at 3:26 pm to Bill Dauterive
Not a lawyer. CPA that got off into litigation support years ago. Testified at two trials regarding this issue. What I learned was specificity is absolutely the key in these things. Length of time means alot. Shorter is a little easier to enforce than longer. Almost never be enforced more than 2 years. Big thing is this. Judge's don't really like these things (at the least the 2 I saw/one read his opinion after appeal). It's hard to get someone to tell someone else he/she "can't go make a living." I know, I know. But you PAID for them to not do that. See above - (again, very ltd experience) - but I do think the couple I saw were very routine, and if they are, all 3 judges pretty much a
Posted on 10/20/15 at 3:33 pm to Bill Dauterive
Non compete is a total BS scare tactic. I have had this question come up in my own line of work and my friend who is an attorney has said he's never seen a successful non compete case in the state of La.
Posted on 10/20/15 at 3:36 pm to Bill Dauterive
non competes are really hard to enforce. And the legal system hates them.
Posted on 10/20/15 at 3:54 pm to Bill Dauterive
I think they are more about the company having a reason to keep you tied up in court and depositions, instead of out selling to the folks you used to work with. If they can occupy enough of your time or make you pay an attorney, then you might not be successful wherever you go after that.
I am in consulting and would never sign one of these, it basically is one of the tools I use to immediately identify that a company is not going to be able to retain staff by treating them well, so they are going to try to do it another way.
I am in consulting and would never sign one of these, it basically is one of the tools I use to immediately identify that a company is not going to be able to retain staff by treating them well, so they are going to try to do it another way.
Posted on 10/20/15 at 4:09 pm to ithad2bme
quote:
it basically is one of the tools I use to immediately identify that a company is not going to be able to retain staff by treating them well, so they are going to try to do it another way.
Bingo!!! Been my past experience as well.
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