Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law

I sold my business in Louisiana and signed a noncompete. The…

Customer Question
I sold my business...

I sold my business in Louisiana and signed a noncompete. The non compete is in my employment contract and I was wondering if that would hold up. I thought it had to be it’s own contract in Louisiana?

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

It’s full time at will

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

It also stated every parish in Louisiana in the non compete but listed Baton Rouge instead of East Batin Rouge and West Baton Rouge.

Submitted: 1 month ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 5 minutes by:
12/27/2017
Employment Lawyer: Ray, Employment lawyer replied 1 month ago
Ray
Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 45,202
Experience: 30 years in Employment law
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Ask Your Own Employment Law Question
Employment Lawyer: Ray, Employment lawyer replied 1 month ago

It is very difficult to enforce a noncompete in Louisiana.Your may well not be enforceable under Louisiana law.

Here Louisiana contracts that restrain someone’s right to work are presumed to be invalid. Moreover, Louisiana law prevents efforts to avoid the applicability of Louisiana’s strict law in contractually providing for the applicability of another state’s law in a non-compete agreement involving an employer/employee relationship. In short,

The validity of non-compete agreements like yours in Louisiana is strictly controlled by a single statutory provision (La. R.S. 23:921) and its judicial interpretation. La. R.S. 23:921(A)(1) 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.

Louisiana has long had a strong public policy against non-compete agreements. Because these agreements are in derogation of the common right, the right to work in your chosen field, Louisiana jurisprudence has narrowly construed the exceptions to the general prohibition listed in La. R.S. 23:921. These exceptions, for the most part, are based upon relationships. 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. These requirements are derived directly from statutory language.

While not contained within the statute, some Louisiana courts also require a valid non-compete agreement to define narrowly and accurately the business in which the individual is prohibited from competing. Other Louisiana courts deny the need for this additional non-statutory-based requirement. If the business is defined within the agreement, however, the definition must be narrow and accurate.

Louisiana further protecting the right of employees to work in their chosen field of employment, La. R.S. 23:921 prohibits a contract of employment from designating by contractual provision the applicability of another state’s law unless the employee re-confirms such choice of law after the occurrence of the incident which is the subject of the dispute. Thus, once an employee is terminated and begins competing with their ex-employer, the applicability of the provision in the non-compete agreement selecting the applicability of another state’s law is only valid if the employee agrees to it again, once their ex-employer complains about the alleged violation of the non-compete agreement.

La. R.S. 23:921(2) provides:

(2) The provisions of every employment contract or agreement, or provisions thereof, by which any foreign or domestic employer or any other person or entity includes a choice of forum clause or choice of law clause in an employee’s contract of employment or collective bargaining agreement, or attempts to enforce either a choice of forum clause or choice of law clause in any civil or administrative action involving an employee, shall be null and void except where the choice of forum clause or choice of law clause is expressly, knowingly, and voluntarily agreed to and ratified by the employee after the occurrence of the incident which is the subject of the civil or administrative action.

As set out herein, drafting an enforceable non-compete agreement in Louisiana requires much more than reasonableness. All requirements of La. R.S. 23:921 must be met for a valid non-compete agreement in Louisiana.

You may take your chances here that the noncompete does not meet the requirements set out above.You may have great facts to dispute it if they try to enforce it.

I appreciate the chance to help you tonight.Thanks again.

If you can positive rate 5 stars it is much appreciated.

Ask Your Own Employment Law Question
Customer reply replied 1 month ago
will a noncompete hold up if it’s within my employment agreement?
Employment Lawyer: Ray, Employment lawyer replied 1 month ago

It is unlikely they can enforce it give the restrictions under the law above.Louisiana does not favor these kids of agreements at all.

Ask Your Own Employment Law Question
Ask Ray Your Own Question
Ray
Ray
Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 45,202
45,202 Satisfied Customers
Experience: 30 years in Employment law

Ray is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,549 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,316 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,054 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,912 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
Employer terminates for policy not trained on and is
Employer terminates for policy not trained on and is specific to apply to on hospital grounds, further hospital doesn't cite violation until 3 weeks following a FMLA leave request. … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,455 satisfied customers
I need help about labor laws and employment contracts. CA.
I need help about labor laws and employment contracts … read more
socrateaser
socrateaser
1,031 satisfied customers
If I was terminated due to a point system for attendance and
If I was terminated due to a point system for attendance and tardiness and the company claim they have to be fair and follow policy, but you have other employees that have exceeded the attendance poli… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,549 satisfied customers
I have an employment contract that I would like to have
I have an employment contract that I would like to have reviewed to determine any legal ramifications if I were to leave this employment for another job. … read more
Ray
Ray
Employment lawyer
45,202 satisfied customers
I signed a standard probationary employment contract in May
I signed a standard probationary employment contract in May of 2016 for 3 months. I am now, Jan 2017 receiving the permanent extension but am hesitant to sign it. I am wondering if the year-long non-c… read more
John
John
Employment Lawyer
Doctoral Degree
3,912 satisfied customers
I am signing an employment contract. The company is
Hi! I am signing an employment contract. The company is incorporated in Delaware, but I live and work in CA. Am I protected by CA state laws? … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Is a person allowed to be terminated for a counterfeit $100?
is a person allowed to be terminated for a counterfeit $100? I didnt know that another person had taken the money and i just got fired for it … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,772 satisfied customers
If I have an employment contract that takes me to the end of
Second opinion] If I have an employment contract that takes me to the end of the year and I give two weeks notice, which would cover that time and they terminate me immediately..have I met my obligati… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,549 satisfied customers
If I have an employment contract that takes me to the end of
If I have an employment contract that takes me to the end of the year and I give two weeks notice, which would cover that time and they terminate me immediately..have I met my obligation under the con… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,057 satisfied customers
Employer contract. MA. At will. Developments agreement
employer contract JA: Because employment law varies from place to place, can you tell me what state this is in? Customer: MA JA: Is the employment agreement "at will," union, full time or part time? C… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,054 satisfied customers
Florida. I have a question about an employment contract
No, I have a question about an employment contract which requires either party to provide a 60 day notice, which I didn't receive. … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,316 satisfied customers
Located in Florida, I got lay out, the employment contract
Located in Florida, I got lay out, the employment contract signed Last year the company change their name and close the corporation to open a new one, similar name but the "old company" is now inactiv… read more
socrateaser
socrateaser
1,031 satisfied customers
I have an employment contract with my current company. The
Hello, I have an employment contract with my current company. The position was a senior leadership position reporting directly to the vice president. Last March the individual who hired me left the co… read more
John
John
Employment Lawyer
Doctoral Degree
3,912 satisfied customers
I live in a Right to Work State and work for a community
I live in a Right to Work State and work for a community college. I do not feel that the faculty association represents me. Is there any chance that I can stop being a member? … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,054 satisfied customers
In a right to work state can you be fired if a fictitious
In a right to work state can you be fired if a fictitious cause is given? … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
35,566 satisfied customers
My employment contract states that I only have to work
My employment contract states that I only have to work off-site (in other states) for 3 4-week segments (12 weeks) per year. They've recently informed me that I need to do an additional 4-week segment… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,054 satisfied customers
I have a employment contract and I am going to resign-I want
I have a employment contract and I am going to resign-I want to find out what my obligations truly are and what theirs are as well as if I give notice are they required to pay out that notice if they … read more
John
John
Employment Lawyer
Doctoral Degree
3,912 satisfied customers
I have terminated the employment contract now my employer
I have terminated the employment contract now my employer has filed lawsuit Need assistance in facing the lawsuit … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x