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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 117370
Experience:  20+ Years of Employment Law Experience
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I worked security company that only does convention security

Customer Question

I worked for a security company that only does convention security and in this companies employment packet for every employee is a Non-compete agreement .97 percent of the employees hired are part-time employees working maybe 80 hrs. a month if there lucky. I was one 3 people in the company that worked full time and I had to work an average 80 to 100 hours per week unwillingly . I spoke to the owner about the excessive amount of hours that I was working and he said quit if I didn't like it and if I did that I couldn't work for any other security company in the city .Well needless to say , after 6 months of this kind of abuse I decided to look into opening my own security company which I did , because I met all of the qualifications required by the state of Louisiana.In November I was dragged into civil court for opening my company and a judgement was rendered that I could operate as long as I didn't do any type of security that was comparable to his company. I agreed an I only went after Armed Guard jobs and I didn't take any unarmed work nor did I contact or talk to any clients that my previous employer did , plus I wasn't on the vendor list of any hotels or the convention center in New Orleans honoring the agreement . So at no point did I interfere with his business nor did I take any work compatible to what he was doing. I was advertising on Craigslist for armed guards only and I had them go to my website to do a online application. My previous employer saw my adds for armed guards and went on my website and saw that I advertised all types of security including convention . No information was sent out to any clients that hire convention guards because I could do any work in the convention center because I make no attempts to get on it honoring my agreement. Next thing I know ,I receive court documents saying that I violated my injunction and was being demanded to close my company due to my webpage that no one knew about in the convention world because I didn't notify anyone about it , it only was being used as a tool to take employment applications. I arrive to court only to be told that I had to close my company by my attorney how told me that if I didn't the Judge had already told him in a pre-trial hearing that the judge was going to rule against me no matter what which I found to be very unfair . The Judge wouldn't consider the difference in Arm or Unarmed security which there is a big difference, nor would the Judge consider the fact that I didn't do any business downtown New Orleans at all or that I never approached any of his clients or sent out any information about my website to anyone , but I was ordered to close my company ,remove my website from the Internet and I also had to close my LinkedIn page . I don't think that my ruling was fair in anyway . My attorney convinced my to accept the ruling cause if I took it to court, the judge had already told him that She was gonna rule against me and i would have to pay his attorney fees . I accepted it and there were no attorney fees rendered with the judgement . 2 months lately I get court papers saying that I'm being sued for my previous employers court fees of 20,000 dollars . Was my case handled fairly and how can there attorney fees be assessed to me after the judge made her final ruling and paying there attorney wasn't part of it since I made a pre-trial agreement. I feel like I'm being railroaded . None of it seems fair to me , so please help me understand
Submitted: 2 years ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. I am an attorney in the New Orleans metro area, so I am quite familiar with the laws there.
Attorney's fees and court fees are permitted if someone has to be taken to court for violation of court orders in Louisiana. However, if you made a deal with them regarding closing the company at pre-trial without any hearing, then you have a basis to dispute owing them any attorney's fees since your case did not go to court for a trial. You need to get your attorney into court and to object to this. To award attorney's fees the other party has to prove they are justified based on willful and malicious violation of court orders and absent that willful and malicious violation of the orders you should win on the attorney's fees.