- My Forums
- Tiger Rant
- LSU Recruiting
- SEC Rant
- Saints Talk
- Pelicans Talk
- More Sports Board
- Fantasy Sports
- Golf Board
- Soccer Board
- O-T Lounge
- Tech Board
- Home/Garden Board
- Outdoor Board
- Health/Fitness Board
- Movie/TV Board
- Book Board
- Music Board
- Political Talk
- Money Talk
- Fark Board
- Gaming Board
- Travel Board
- Food/Drink Board
- Ticket Exchange
- TD Help Board
Customize My Forums- View All Forums
- Show Left Links
- Topic Sort Options
- Trending Topics
- Recent Topics
- Active Topics
Started By
Message
Non Compete Legal Help
Posted on 3/3/21 at 7:49 pm
Posted on 3/3/21 at 7:49 pm
Maybe the wrong board, if so I apologize.
Anyone have any experience fighting one of these? From my understandings, they're almost unenforceable in LA, especially if no parish or municipality is mentioned. Will post pics if I can figure it out.
Any good lawyer recommendations if it comes to that?
Thanks in advance
Anyone have any experience fighting one of these? From my understandings, they're almost unenforceable in LA, especially if no parish or municipality is mentioned. Will post pics if I can figure it out.
Any good lawyer recommendations if it comes to that?
Thanks in advance
This post was edited on 3/3/21 at 7:52 pm
8
Posted on 3/3/21 at 7:55 pm to 4Andouille
They aren't really enforceable, right to work
Posted on 3/3/21 at 8:06 pm to 4Andouille
I would not call them unenforceable.
The burden is on the employer to show certain things like spending time and money to give you training and access to information. They also have to be reasonable as to time and geographical limits.
Courts don't like to uphold these so they usually construe them strictly against the employer, but some of them can be enforced.
The burden is on the employer to show certain things like spending time and money to give you training and access to information. They also have to be reasonable as to time and geographical limits.
Courts don't like to uphold these so they usually construe them strictly against the employer, but some of them can be enforced.
Posted on 3/3/21 at 8:14 pm to 4Andouille
There is a Code article setting forth the requirements.
Posted on 3/3/21 at 8:29 pm to 4Andouille
Forget about seeking legal advice here and get a lawyer who knows something about this. If you are really facing an employment decision or an issue relating to this it will be money well spent. In most states there are few clear, easy answers in this area.
Posted on 3/3/21 at 8:33 pm to 4Andouille
Some basic background info.
Work is in the environmental field, been doing this same type of job for 5 years. Highly specialized job.
Majority of those years with a different company, only been with this former employer for 3 months. Just wasn't the right fit for me in terms of personnel and way things were run.
Non complete is pretty generic.
Don't work for a competitor within 100 mile radius of office for 2 years.
Only thing is, no specific office is specified other than the fact that I've worked out of said office. Work is nation wide, traveling east to west coast. No mention of a particular office or what defines working out of said office.
Again, no region/parish/city is expressly identified/mentioned.
Any other particular info needed to make a decision?
Work is in the environmental field, been doing this same type of job for 5 years. Highly specialized job.
Majority of those years with a different company, only been with this former employer for 3 months. Just wasn't the right fit for me in terms of personnel and way things were run.
Non complete is pretty generic.
Don't work for a competitor within 100 mile radius of office for 2 years.
Only thing is, no specific office is specified other than the fact that I've worked out of said office. Work is nation wide, traveling east to west coast. No mention of a particular office or what defines working out of said office.
Again, no region/parish/city is expressly identified/mentioned.
Any other particular info needed to make a decision?
Posted on 3/4/21 at 6:26 am to 4Andouille
Hi
Board certified employment lawyer here. I’ve obviously not seen the non compete, including what states law it says applies, but generally speaking most states require a reasonable geographic scope for a non compete to be enforceable. In LA, a non compete must list out the parishes or municipalities in which competition is to be restrained. If that isn’t present, there is a good chance the non compete is unenforceable. HOWEVER even if unenforceable, that doesn’t mean you don’t get a cease and desist letter or lawsuit filed against you seeking a temporary restraining order.
Every state law is different on this and every non compete is analyzed differently. There is no single way to draft or interpret one. Good luck.
Edit to add: right to work is a labor law concept where you cannot be required to join a union. Employment at will means you can quit or an employer can fire you for any reason (absent a contract or statute). Neither have anything to do with noncompetes.
Board certified employment lawyer here. I’ve obviously not seen the non compete, including what states law it says applies, but generally speaking most states require a reasonable geographic scope for a non compete to be enforceable. In LA, a non compete must list out the parishes or municipalities in which competition is to be restrained. If that isn’t present, there is a good chance the non compete is unenforceable. HOWEVER even if unenforceable, that doesn’t mean you don’t get a cease and desist letter or lawsuit filed against you seeking a temporary restraining order.
Every state law is different on this and every non compete is analyzed differently. There is no single way to draft or interpret one. Good luck.
Edit to add: right to work is a labor law concept where you cannot be required to join a union. Employment at will means you can quit or an employer can fire you for any reason (absent a contract or statute). Neither have anything to do with noncompetes.
This post was edited on 3/4/21 at 6:31 am
Posted on 3/4/21 at 8:24 am to 4Andouille
Even though no parishes listed means not valid in LA. It might still be worth your time and money to have a lawyer draft a letter to your former employer with your justifications.
Posted on 3/4/21 at 9:42 am to 4Andouille
quote:they are enforceable in La, you will be told otherwise but that is not the case, but a good agreement is most certainly enforced. If no geographic region is listed, it is probably not well written. Pay a couple hundred bucks and send it to an employment lawyer, or just show it to your new employer.
Maybe the wrong board, if so I apologize.
Anyone have any experience fighting one of these? From my understandings, they're almost unenforceable in LA, especially if no parish or municipality is mentioned. Will post pics if I can figure it out.
Page 1 of 1
Popular
Back to top
Follow TigerDroppings for LSU Football News