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re: Our small Gov telling businesses what they cant do Noncompete clauses in crosshairs

Posted on 1/8/23 at 4:14 pm to
Posted by Indefatigable
Member since Jan 2019
26653 posts
Posted on 1/8/23 at 4:14 pm to
quote:

Yet, RTW laws are celebrated?

Who celebrates them?

Not me or anyone else on this board that I have seen.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
423384 posts
Posted on 1/8/23 at 4:15 pm to
I hopped on FB to look at marketplace and one of the first posts I saw before I clicked:

quote:

looking for a job in the moss bluff area preferably an employer who pays $9+


Posted by stout
Smoking Crack with Hunter Biden
Member since Sep 2006
167503 posts
Posted on 1/8/23 at 4:17 pm to
quote:

looking for a job in the moss bluff area preferably an employer who pays $9+


Low standards there. Do you think they will sign an NC?
Posted by jrobic4
Baton Rouge
Member since Aug 2011
7143 posts
Posted on 1/8/23 at 4:17 pm to
quote:

Both increase freedom of the individual worker


No, like anything else, there are trade-offs and opportunity costs.

Under your logic, being a batista at Starbucks would be one if the freest jobs their is. Earning more $ equals more financial freedom, and companies requiring non-compete or anti-union clauses often pay more
Posted by TrueTiger
Chicken's most valuable
Member since Sep 2004
68215 posts
Posted on 1/8/23 at 4:18 pm to
quote:

I wouldn't hire about half the judges I've gone in front of to be an associate attorney at my shitty firm.




Just goes to show that you don't need to be a subject matter expert to win an election.
Posted by davyjones
NELA
Member since Feb 2019
30276 posts
Posted on 1/8/23 at 4:23 pm to
quote:

Are you serious?

Serious as arse cancer. Are you really one of those people who thinks there’s nothing going on beyond NOLA and BR? I thought those people were just a myth. Is it real?? And is there not a possibility that elsewhere in the state there may actually be districts and perhaps even “regions” where the judiciary is fine?
This post was edited on 1/8/23 at 4:25 pm
Posted by Wednesday
Member since Aug 2017
15466 posts
Posted on 1/8/23 at 4:25 pm to
quote:

This is what they “benefit” more than likely anything else.


Correct- it doesn’t matter ultimately whether they are fair or enforceable, so long as the employee has to pay to litigate- the contract enforces itself.

I can understand the desire to include them as an employer, but I have some real concerns about whether them.
Posted by BeepNode
Lafayette
Member since Feb 2014
10005 posts
Posted on 1/8/23 at 4:27 pm to
quote:

quote:
Yet, RTW laws are celebrated?

Who celebrates them?

Not me or anyone else on this board that I have seen.



Here you go: LINK /
Posted by Indefatigable
Member since Jan 2019
26653 posts
Posted on 1/8/23 at 4:27 pm to
quote:

Are you really one of those people who thinks there’s nothing going on beyond NOLA and BR?

No. I used those two because NOLA is the states largest city, with the largest amount of per capita litigation, and BR is the states most-populated JDC. And all suits against the state are litigated in BR by law, so the 19th gets a ton of mileage. Those two plus Shreveport, Lafayette, LC, and St Tammany have almost all of the state’s civil litigation from a numbers perspective. Yes, those places all have largely terrible judiciary’s populated with awful elected judges who haven’t actually practiced law in their entire career.

quote:

Is there not a possibility that elsewhere in the state there may actually be districts and perhaps even “regions” where the judiciary is fine?

There absolutely is, it just doesn’t matter at all whether Tensas Parish has a good two judges or not.
Posted by Indefatigable
Member since Jan 2019
26653 posts
Posted on 1/8/23 at 4:28 pm to
I see your response thread, bruh. Go argue with them about it.
Posted by BeepNode
Lafayette
Member since Feb 2014
10005 posts
Posted on 1/8/23 at 4:29 pm to
quote:

I see your response thread, bruh. Go argue with them about it.



Well, you said nobody on the board supports RTW because you realized it was hypocritical so I went ahead and asked them and it's overwhelming support for RTW, thus making your observation ridiculous.
Posted by Indefatigable
Member since Jan 2019
26653 posts
Posted on 1/8/23 at 4:30 pm to
quote:

Correct- it doesn’t matter ultimately whether they are fair or enforceable, so long as the employee has to pay to litigate- the contract enforces itself.

In my experience, the employee’s new employer foots that bill 9.5/10 times, and the 0.5/10 was because the dumbass employee either stole information or did something else that got them sued.
Posted by Indefatigable
Member since Jan 2019
26653 posts
Posted on 1/8/23 at 4:30 pm to
quote:

Well, you said nobody on the board supports RTW because you realized it was hypocritical so I went ahead and asked them and it's overwhelming support for RTW, thus making your observation ridiculous.

Mmk, but I said nobody on this board that I had seen. I don’t. It’s not something that is discussed here often. So what’s your point?
This post was edited on 1/8/23 at 4:34 pm
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
81734 posts
Posted on 1/8/23 at 4:32 pm to
quote:

I’m of the opinion that these types of clauses are mostly pointless and little harm would occur to anyone (or any industry) if they were all magically deemed invalid tomorrow.
I have handled a few cases involving these, and always have represented the employee. Having said this, I really disagree with this statement. When done right with appropriate limitations, they are very valuable.
Posted by RogerTheShrubber
Juneau, AK
Member since Jan 2009
261637 posts
Posted on 1/8/23 at 4:34 pm to
quote:

There you go quoting Rush (the band) again. And you say you don't have a pentagram tattoo.

I have no idea what the hell you are talking about.


You should, its a great song.
Posted by Wednesday
Member since Aug 2017
15466 posts
Posted on 1/8/23 at 4:35 pm to
quote:

You practice in Louisiana and you want MORE cases in front of our awful judiciary?


Arbitration contracts in adhesion contracts are a terrible idea. But, yes, I agree the La judiciary has some problems.

From a political standpoint, The FTC doesn’t need to be setting limits for n noncompete clauses, I agree.

Noncompete clauses have their place, but by and large I’m mistrustful of them and think they’re an invitation to pointless litigation for litigation’s sake.
Posted by diat150
Louisiana
Member since Jun 2005
43668 posts
Posted on 1/8/23 at 4:35 pm to
quote:

If I hire you to be an engineer at my company working in the back room with the trade secrets on which my entire company survives, and I want you to sign an agreement that you can never work for any of my competitors for a period of ten years following your termination (voluntary or not) of this position, I think that has merit.


First that should be covered by an nda not a nca and trade secret laws.

Posted by novabill
Crossville, TN
Member since Sep 2005
10454 posts
Posted on 1/8/23 at 4:35 pm to
I hate government overreach


However I am ok with protecting people.

I cannot think of any way a non compete ever helps the employee, only the company.

Posted by davyjones
NELA
Member since Feb 2019
30276 posts
Posted on 1/8/23 at 4:36 pm to
Well, you’re still ignoring other places throughout the state beyond what you’ve listed. Lincoln Parish has more than two. But less than four. Lol

Ouachita Parish, 11 elected judges. I’m sure similar in Rapides. Calcasieu. Plenty robust enough judiciaries and bars to consider in the equation of the overall “state judiciary”.
Posted by stout
Smoking Crack with Hunter Biden
Member since Sep 2006
167503 posts
Posted on 1/8/23 at 4:40 pm to
quote:

I cannot think of any way a non compete ever helps the employee, only the company.


Who cares if it mostly protects a company? Small businesses use them the same as large corporations. I gave a great example of how it benefited a small company.

I will repost it here:

A friend of mine owns a business and just won a case where a company was started by a few former employees who were in direct competition with him. They went after his clients which they only knew about from working for him. He had NDAs as well as NCs signed. He won but imagine how much weaker his case would be without a NC.

Why should he be exposed to losing his business just to "protect employees" as you called it?
This post was edited on 1/8/23 at 4:41 pm
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