Louisiana Sample Noncompetition and Nonsolicitation Agreement

State:
Multi-State
Control #:
US-C-9200
Format:
Word; 
Rich Text
Instant download

Description

This non-compete and non-solicitation agreement has been entered into by a corporation and an employee. The employee agrees not to become employed by, or enter into any similar agreement as a director, employee, independent contractor, consultant, agent or partner with another corporation similar to the one identified within the agreement during the closing of a twenty-four month recapitalization venture.
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FAQ

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.

After expiration or termination of this agreement, employee name agrees not to compete with company name for a period of number years within a number mile radius of company name and location.

In order to be enforceable, a non-compete agreement must include an offer, acceptance, intent, and a benefit or consideration to the employee in exchange for his or her promise. The benefit could be as simple as getting the job or, for an existing employee, getting a promotion or raise.

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.

A standard non-compete agreement is a formal agreement between an employer and employee that states that the employee will not engage in any employment activities that are in competition or conflict with their primary job.

Key TakeawaysA non-compete agreement legally binds a current or former employee from competing with an employer for some period of time after employment ceases.Under such an agreement, the employee must not reveal any trade secrets learned during employment.More items...

The Employee specifically agrees that for a period of months/years after the Employee is no longer employed by the Company, the Employee will not engage, directly or indirectly, either as proprietor, stockholder, partner, officer, employee or otherwise, in the same or similar activities as were performed for

After expiration or termination of this agreement, employee name agrees not to compete with company name for a period of number years within a number mile radius of company name and location.

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.

More info

Non-solicitation agreements will cover one of two areas, or both: non-solicitation of clients and non-solicitation of employees. The first case ... Legal Requirements for Non-Competition AgreementsIn order to be considered valid, a non-competition agreement must:Non-competition ...In Louisiana, an employment agreement may restrict an employee from engaging in a business similar to that of the employer so long as (1) ... How should I write a Noncompete Agreement? If your business resides in a state that supports Noncompete Agreements, they can be a useful tool to help you ... (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 ... A noncompete agreement is a clause in an employment contract that prevents an employee from working for a rival company for a certain period of time and/or ... Non-solicitation agreements are commonly included in non-compete agreements, but sometimes they can be too strict. If you are being unfairly limited by your ... Within the context of employer-employee relationships, Louisiana law permits non-compete agreements where the agreement restricts the employee ? ... A narrowing of the use of non-competition agreementsnon-solicitation agreements to protect its trade secrets,Practice Group Chair.16 pages a narrowing of the use of non-competition agreementsnon-solicitation agreements to protect its trade secrets,Practice Group Chair. You could also attempt to prove that the terms of the contract are too broad. For example, if the non-compete clause lasts an unreasonable amount of time or ...

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Louisiana Sample Noncompetition and Nonsolicitation Agreement