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compete agreement is a legal agreement or clause in a contract specifying that an employee must not enter into competition with an employer after the employment period is over.
Louisiana Laws - Louisiana State Legislature. A. (1) 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 courts require that noncompetition agreements strictly comply with R.S. 1. Under section 921, a noncompete agreement is unenforceable in Louisiana unless the agreement strictly complies with the elements of section 921.
Scope: Non-compete agreements must specify the type of work or services that an ex-employee cannot provide. They should include information, techniques, procedures, and practices that are unique to the business or otherwise proprietary. Competitors: The competition must be defined in the agreement.
To be enforceable, a non-compete or non-solicitation agreement may only be for a maximum of two years from the employee's termination date (La. R.S. 1(C)). Louisiana courts strictly enforce this rule and have voided agreements imposing longer terms (see Allied Bruce Terminix Cos., Inc. v.
How to Deal with a Non-Compete Agreement Talk to a Lawyer. ... Consider the Scope of the Agreement. ... Limit the Scope of the Agreement. ... Exclude Certain Activities from the Agreement. ... Negotiate a ?Severance Package? in Exchange for Signing the Agreement. ... Don't Sign the Agreement If You Disagree or Don't Understand It.
Four states?California, Minnesota, North Dakota and Oklahoma?have banned noncompete agreements entirely, and many other states have enacted restrictions, such as setting a compensation threshold or requiring advance notice.
Under Louisiana law, a geographic restriction in a non- compete or non-solicitation agreement is limited to where the employer engages in a similar or competing business (La. R.S. 1(C)).