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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
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Experience:  Significant experience in all areas of employment law.
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I live in south Louisiana and signed a non-compete clause 5

Customer Question

I live in south Louisiana and signed a non-compete clause 5 months ago and didn't realize
what I was signing. It covers 22 of the 64 parishes in Louisiana could this be disputed.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.

Hello and welcome. I am very sorry to hear about your non-compete. If you would be so kind, can you clarify what your specific question is?

I very much look forward to helping you on this matter.

Customer: replied 1 year ago.
Can I work in one of the 24 parishes that are listed on the non compete which is more than a third of the state I am a nurse practitioner working in an urgent care
Expert:  Patrick, Esq. replied 1 year ago.

Unfortuantely, non-compete agreements in LA may be enforced by the employer so long as they are reasonable with regard to time and geographical area, and protect a legitimate business interest of the employer as defined by LA statute. Generally, restrictions of up to two years and covering areas where the employer actually does business will be considered reasonable by a court. Thus, it sounds like the non-compete you describe would be enforceable.

The fact that you did not know what you were signing would not be considered a valid to defense to a lawsuit for breach of contract. So, I'm afraid that your only options under these circumstances would be to negotiate a "buyout" from your contract, wherein you pay your employer some amount of money in exchange for a release from your non-compete, or you simply accept a job with your desired parish and hope that your current employer does not find out about it, or that they find out and decide not to pursue a lawsuit. You cannot, however, get out of the agreement simply because you did not understand it or now wish that you didn't sign it. The contract is binding and enforceable.

I hope that you find this information helpful and am genuinely sorry if it is not what you were hoping to hear. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

Customer: replied 1 year ago.
Do you think 22 out of 64 parishes is a reasonable geographical location some nurse practitioners I work with are allowed to work in these specific parishes how can they let some and not others
Customer: replied 1 year ago.
What is the price for these questions
Expert:  Patrick, Esq. replied 1 year ago.

Thank you for your reply.

Yes, that would generally be considered reasonable. As for how they can let some practitioners work at specific parishes and others not, the issue is not one of fairness but rather what you agreed to. Your employer is not bound to be fair or to propose identical agreements to all of its employees.

The price for the question is the amount that you agreed to pay when you posted your question. Unfortunately, I cannot tell you that amount because I am just an attorney who answers questions here and I do not have knowledge about site billing matters. If you would like me to forward you to customer service I am happy to do that for you.

Expert:  Patrick, Esq. replied 1 year ago.

Please let me know if I can be of any further assistance to you.

Expert:  Patrick, Esq. replied 1 year ago.

Were you able to view my response?