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Yes. If the non-compete agreement is between one of the eight relationships listed in the law, an enforceable non-compete agreement in Louisiana can be for no longer than two years from date of termination of the relationship. It can be shorter, but it cannot be any longer than two years.
It is possible to find non-compete loopholes in certain circumstances in order to void a non-compete contract. For instance, if you can prove that you never signed the contract, or if you can demonstrate that the contract is against the public interest, you may be able to void the agreement.
In short, Louisiana law on non-compete agreements cannot be avoided for outsiders seeking to do business in Louisiana. The validity of non-compete agreements in Louisiana is strictly controlled by a single statutory provision (La. R.S. 1) and its judicial interpretation.
Beginning August 1, 2020, Louisiana's recently revised non-compete law permits a corporation, partnership, or limited liability company to enter into agreements with their shareholders, partners, and members, respectively, that prevent them from becoming employees of a competing company under certain conditions.
Generally speaking, non-compete agreements (also sometimes called non-competition agreements, or simply non-competes) are not enforceable in California against former employees.
Louisiana is an employment at-will state. This rule is found in Article 2747 of the Louisiana Civil Code which says, a man is at liberty to dismiss a hired servant attached to his person or family, without assigning any reason for so doing. The servant is also free to depart without assigning any cause.
By Janet A. In California, North Dakota, the District of Columbia, and Oklahoma, non-competes are either entirely or largely unenforceable as against public policy. Other states, including Maine, Maryland, New Hampshire, Rhode Island, and Washington, have banned non-compete agreements for low-wage workers.
Beginning August 1, 2020, Louisiana's recently revised non-compete law permits a corporation, partnership, or limited liability company to enter into agreements with their shareholders, partners, and members, respectively, that prevent them from becoming employees of a competing company under certain conditions.
In California, Montana, and North Dakota, the blue pencil rule is not applicable. In District of Columbia, Louisiana, Maryland, Hawaii, New Mexico, Rhode Island, South Dakota, and Utah, the approach to the blue pencil covenant is unclear.