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re: Say there's no non-compete clause...

Posted on 1/26/23 at 7:40 am to
Posted by wadewilson
Member since Sep 2009
39743 posts
Posted on 1/26/23 at 7:40 am to
quote:


So you want to quit your job, start a new company and go to war with your old company over their (not your) client base. Let's see how this plays out.


"Their" clients. His relationships.
Posted by WDE24
Member since Oct 2010
54834 posts
Posted on 1/26/23 at 7:42 am to
quote:

Judges are not big fans of no compete clauses by rule of law. You could probably just go to court if necessary and it was worth it.
Sounds like solid internet legal advice. How many non-competes have you litigated in OPs jurisdiction?
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
463891 posts
Posted on 1/26/23 at 7:45 am to
quote:

"Their" clients. His relationships.

His relationship status with them isn't protected by law, I imagine.

THEIR relationship status may be protected by law, with or without a non-solicit or non-compete.

In Louisiana a client list is a trade secret in many cases (there are some factors to qualify but they're standard operating procedures). This has it fall under the Uniform Trade Secrets Act and possibly the Louisiana Unfair Trade Practices and Consumer Protection Law. You don't want to be on the wrong side of either of these laws.

I imagine most states have similar laws.
Posted by Sampsonashford
Member since Dec 2022
88 posts
Posted on 1/26/23 at 7:50 am to
Good luck. A lot of companies do back down when you threaten to get an attorney involved
Posted by VABuckeye
NOVA
Member since Dec 2007
38283 posts
Posted on 1/26/23 at 7:54 am to
quote:

"Their" clients. His relationships


The company still owns the clients.
Posted by Indefatigable
Member since Jan 2019
35459 posts
Posted on 1/26/23 at 8:00 am to
Your current employer is going to sue you regardless, so go ahead and hire a lawyer now.
Posted by TwoFace
Member since Mar 2018
1289 posts
Posted on 1/26/23 at 8:04 am to
quote:

Sad that you millenials have no company loyalty these days. Us boomers have worked for the same boss man for 40 years and have reaped the benefits while you millenials hop around for a couple more dollars an hour


I read this and knew it was El gaucho before I saw the name.
Posted by tigerfoot
Alexandria
Member since Sep 2006
60507 posts
Posted on 1/26/23 at 8:04 am to
quote:

Theoretically though, when you are meeting with them and they theoretically know you are A+, how do you subtly ease them into it? I mean, you wouldn't want to time it wrong and have flags set off. You can trust some, but not all.
if you don’t already know the answer, you aren’t in a position to move em where you want em.
Posted by tigerfoot
Alexandria
Member since Sep 2006
60507 posts
Posted on 1/26/23 at 8:07 am to
quote:

Judges are not big fans of no compete clauses by rule of law. You could probably just go to court if necessary and it was worth it.
why do people say this.

If you have a properly written agreement judges will order it upheld.

However, on a simpler view, you signed it. Honor it. But if it is written to meet the requirements of La it will be upheld. Judges don’t like or dislike them, thru are either written correctly or not
Posted by PureBlood
The Motherland
Member since Oct 2021
5021 posts
Posted on 1/26/23 at 8:09 am to
quote:

Agree. Theoretically though, when you are meeting with them and they theoretically know you are A+, how do you subtly ease them into it? I mean, you wouldn't want to time it wrong and have flags set off.



Bring a temp business partner. Let them do the "negotiating"
Posted by MsState of mind
State of Denial
Member since Aug 2013
2726 posts
Posted on 1/26/23 at 8:17 am to
I am going to tell you this from experience. You can have a no compete lifted and you are able to open your own shop. That language will probably be lifted. You also more than likely have a non raiding, non piracy clause and I had t head those going anywhere. That is using proprietary information of your former employer against them.

Courts do not look favorably on stealing customers. They look fondly into having an opportunity to make a living and don’t like non competes but that is not the same as them looking fondly on stealing customers. Furthermore should company sue you even with no claim it can’t rag out for years to the tune of $100k’s.

For the record I’ve been through it all and didn’t even solicit a customer and actively turned them away but lawyers are expensive.
Posted by Roux22
Member since Jan 2023
781 posts
Posted on 1/26/23 at 8:27 am to
What state are you in? Louisiana? Non competes are useless. It’s a right to work state and if challenged that non compete will get shite on.
Posted by tigerfoot
Alexandria
Member since Sep 2006
60507 posts
Posted on 1/26/23 at 8:29 am to
quote:

It’s a right to work state and if challenged that non compete will get shite on.
incorrect
Posted by mdomingue
Lafayette, LA
Member since Nov 2010
41763 posts
Posted on 1/26/23 at 8:31 am to
quote:

I am going to tell you this from experience. You can have a no compete lifted and you are able to open your own shop.


That is completely dependent on the language of the non-compete and the jurisdiction it is in. Companies used to put together very sloppy non-competes but all of the actions that you talk about have changed a lot of that. As long as the non-compete is not overly broad, they will hold up in Louisiana and Texas, based on the personal experience of my former boss at a past job.

The best solution is to not sign a non-compete if you have that option.
Posted by teke184
Zachary, LA
Member since Jan 2007
103076 posts
Posted on 1/26/23 at 8:33 am to
Throw it out there in discussions with the client that you may be moving on soon then let them drive the conversation.


My dad had no interest in starting his own business but was getting told by his clients “If you move on, I’d like you to keep handling my account.”


He retired outright instead but he could have had a core group of clients follow him if he did so.
Posted by USMCguy121
Northshore
Member since Aug 2021
6332 posts
Posted on 1/26/23 at 8:36 am to
If you're a doctor or other provider it's a simple as getting enrolled in their insurances.

Ochsner has gotten away with their bullshite two-year non-compete agreement for way too long. You basically have to leave the state if you want to quit working for them. Which granted is kind of doing you a favor but they still shouldn't have that power.
This post was edited on 1/26/23 at 8:38 am
Posted by tigerfoot
Alexandria
Member since Sep 2006
60507 posts
Posted on 1/26/23 at 8:38 am to
quote:

That is completely dependent on the language of the non-compete and the jurisdiction it is in. Companies used to put together very sloppy non-competes but all of the actions that you talk about have changed a lot of that
if you signed a non compete thst meets the standard in La you will be held to it. The biggest screw up as I recall is La requires a detailed description of geographic area. Many companies with little experience in La don’t meet the standard. I had a buddy that was released from his because of the word counties used versus parish. Obviously a someone was looking to overturn thst, and as I recall there was very little time left
Posted by BabysArmHoldingApple
Lafayette
Member since Dec 2016
1183 posts
Posted on 1/26/23 at 8:38 am to
This is all correct. There is also a federal law now (Defend Trade Secrets Act) that is fairly recent but has a lot of similarities to state trade secret laws.

To OP, do not solicit customers before you leave, and do NOT take any documents, data, computer drives, midnight downloads, etc., even if it seems innocuous. This will give your former employer a basis to jerk around with you. I have seen many times when they do that by blowing the situation out of proportion and making you spend money on lawyers, computer forensic experts etc...instead of your new business.
This post was edited on 1/26/23 at 8:39 am
Posted by GRTiger
On a roof eating alligator pie
Member since Dec 2008
68741 posts
Posted on 1/26/23 at 8:42 am to
It would depend on the kind of work you do and if you plan to provide the exact same service as your current employer, or a complimentary service.

If you provide services that occur once a year, I'd approach the most trusted contacts you know at clients whose work has just been completed, and who you think may be paying too much for the service. Don't get greedy. Pick 5 of varying amounts of revenue that total what you'd need to survive during the first year or two as you run through your other contacts and network to grow once you're out. The more you approach while still employed, the more likely it will get out.
Posted by soccerfüt
Location: A Series of Tubes
Member since May 2013
72545 posts
Posted on 1/26/23 at 9:04 am to
quote:

Louisiana Unfair Trade Practices
If you start a thread about this and give everyone who posts here truth serum, it may well go thousands of pages.

O/U 350 pages (at least)
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