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re: Non-compete contracts
Posted on 7/19/18 at 1:17 pm to Keeble9145
Posted on 7/19/18 at 1:17 pm to Keeble9145
Document poor safety at your office . Quit and claim that you were afraid you would die in a work accident.
0
Posted on 7/19/18 at 1:18 pm to Keeble9145
Ummm, you want to give free work as an estimator? Lawyers are paid for a reason, just like you are. Go hire one.
Posted on 7/19/18 at 1:19 pm to Keeble9145
NC contracts, if structured correctly (ie specific job types, zip codes, etc.), can be enforced by the courts and can be a real hassle for an employee and their new employer if the current employer decides to enforce them.
I’d recommend you have it reviewed by an attorney if the new job is worth it to you.
I’d recommend you have it reviewed by an attorney if the new job is worth it to you.
Posted on 7/19/18 at 1:19 pm to Keeble9145
quote:
a non-compete contract would prevent me from going to another construction company that focuses on slightly different projects
Depends, do they have the same clients? Can your knowledge of Company A's bid procedure affect your bidding for Company B? Is the value of the job worth it for Company A to take you to court if they lose it due to you bidding for B?
Posted on 7/19/18 at 1:19 pm to Count Chocula
quote:
Your getting ahead of yourself. The first rule is that they DO NOT have to hire you.
No, you are being tricky. The non-compete issue does not apply until you are hired. Since you have the right-to-work, no non-compete contract can keep you from working somewhere else.
I believe these are the facts.
Posted on 7/19/18 at 1:22 pm to yoga girl
quote:
Since you have the right-to-work, no non-compete contract can keep you from working somewhere else.
That’s the point of a contract. You had a right to work where you wanted and voluntarily gave up that right by signing the contract.
Posted on 7/19/18 at 1:23 pm to Keeble9145
Expert Advice
Here is a link to an article that should be helpful. I know this lawyer and he's one of the leading authorities in the State of Louisiana on non-competes.
Here is a link to an article that should be helpful. I know this lawyer and he's one of the leading authorities in the State of Louisiana on non-competes.
Posted on 7/19/18 at 1:23 pm to Keeble9145
quote:
Project Estimator
quote:
Project Manager
Not the same. Unless you signed the most broadly written non-compete in history I'd think your ok. That said, I would consult an attorney.
Posted on 7/19/18 at 1:24 pm to Mr Wonderful
quote:
That’s the point of a contract. You had a right to work where you wanted and voluntarily gave up that right by signing the contract.
I'm not an expert. So, you could be right. But, I still think you should be constitutionally able to work wherever you want to.
Posted on 7/19/18 at 1:25 pm to MorbidTheClown
Posted on 7/19/18 at 1:25 pm to EZE
begins with the general prohibition against any agreement whereby anyone is restrained from exercising a lawful profession, trade, or business, unless one of the narrow exceptions to the general prohibition contained therein is satisfied. It provides:
Every contract or agreement, or provision thereof, by which anyone is restrained from exercising a lawful profession, trade, or business of any kind, except as provided in this Section, shall be null and void.
Every contract or agreement, or provision thereof, by which anyone is restrained from exercising a lawful profession, trade, or business of any kind, except as provided in this Section, shall be null and void.
Posted on 7/19/18 at 1:26 pm to Keeble9145
It depends on the state you are in and the language of the non-compete. I litigated, and won, a case in New Orleans on this exact issue. The non-compete was invalid because its description of the prohibited types of work was unreasonably broad.
I know you want an easy answer, but you should bring it to a local lawyer.
I know you want an easy answer, but you should bring it to a local lawyer.
Posted on 7/19/18 at 1:27 pm to Keeble9145
It's your livelihood. Pay an attorney.
Posted on 7/19/18 at 1:27 pm to MorbidTheClown
The list of exceptions include the employee/employer relationship, the sale of the goodwill of a business, the dissolution of a partnership, the franchisor/franchisee relationship, the employer/computer employee relationship, the corporation/shareholder relationship, the partnership/partner relationship without consideration of any possible dissolution, and the limited liability company/member relationship.
Once it is demonstrated that a particular non-compete agreement falls within one of the listed exceptions, most Louisiana courts require a valid non-compete agreement to contain an area of prohibition described by parishes, municipalities, or parts thereof, together with a term of no longer than two years from date of termination of the relationship.
Once it is demonstrated that a particular non-compete agreement falls within one of the listed exceptions, most Louisiana courts require a valid non-compete agreement to contain an area of prohibition described by parishes, municipalities, or parts thereof, together with a term of no longer than two years from date of termination of the relationship.
Posted on 7/19/18 at 1:27 pm to Keeble9145
Louisiana has a history of enforcing non-competes as long as they are limited in time and scope. (This even has been applied to 1099 independent contractors)
Even if they arent, a court may allow the document to be amended for time and scope
However, Assuming this is in Lousiana, there is really no way to tell how much crap you stepped in without seeing the actual non-compete clause
Even if they arent, a court may allow the document to be amended for time and scope
However, Assuming this is in Lousiana, there is really no way to tell how much crap you stepped in without seeing the actual non-compete clause
This post was edited on 7/19/18 at 1:29 pm
Posted on 7/19/18 at 1:30 pm to yoga girl
quote:
But, I still think you should be constitutionally able to work wherever you want to.
While I agree you should, there is nothing in the constitution that gives you the right to work where you want.
But what I’m saying is you can voluntarily give up your constitutional rights. 4th amendment (search and seizure) is a good example. It’s given up all the time through consent to search something.
Posted on 7/19/18 at 1:30 pm to yoga girl
quote:
constitutional right
The constitution needs to be re-written and become less deplorable.
Posted on 7/19/18 at 1:30 pm to Keeble9145
quote:
Does anyone have any knowledge if a non-compete contract would prevent me from going to another construction company that focuses on slightly different projects as a Project Manager?
There’s quite a bit of bad advice in this thread.. nobody here can be certain of what your non-compete allows or disallows without reading the actual language in the agreement.
I’ve had a non-compete for every job I’ve held since college, so here is my personal experience. DISCLAIMER: Not a lawyer.
- ALWAYS keep copies of your employment agreements on file for situations like this. If you have to ask HR to send you a copy it’s going to raise a lot of red flags.
- Non-compete clauses are generally intended to keep you from using your training/connections against your current employer. If the company you want to go to work for doesn’t directly compete with them, you are probably OK. That said, refer to the point above.
- My non-competes have always referenced “competitors” in the same “market” and “region” where I am currently employed. Some have been more specific, but this has been the norm.
- If you live in Louisiana, non-competes are hard to enforce. Precedents require the contract to list specific municipalities where the non-compete is in-effect. You have to be aware of arbitration and change-of-venue clauses that can keep you from getting in front of an LA judge if they come after you, though.
- I would ask yourself this: do I have proprietary information that I would be able to use against my current employer if I take this job? Also, how much of a stir would it be if I quit? The more high profile your current job, and the more damage you could do working for the competition, the more you need to worry.
- If you’re legitimately concerned, get an attorney to review your employment agreement. Nobody here can give you a substitute for solid legal advice (at least not without the actual contract and more background info).
Posted on 7/19/18 at 1:31 pm to Keeble9145
You will not get accurate answer without showing non compete contract. They are all different.
You are getting a lot of bad advice on this thread.
You are getting a lot of bad advice on this thread.
This post was edited on 7/19/18 at 1:33 pm
Posted on 7/19/18 at 1:34 pm to ThePoo
What Poo said. As someone who's drafted and litigated a few of these, if it's a Louisiana non-compete, it absolutely can be enforceable depending on your circumstances. If you signed it, it is generally a binding contractual agreement between you and your employer. If challenged, a court will look at time, scope (generally geographic location) and other factors. Generally, unless it's unreasonable, it can and normally is enforced.
* And I echo what others have been saying - without seeing the non-compete terms and knowing your circumstances, no one on this board is going to be able to give you a good answer.
* And I echo what others have been saying - without seeing the non-compete terms and knowing your circumstances, no one on this board is going to be able to give you a good answer.
This post was edited on 7/19/18 at 1:37 pm
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