Legal Question in Business Law in Louisiana

I signed a non compete agreement with my last employer. I'm now trying to open my own business. The agreement states that I cannot operate "in the area of exclusitivity as stated in the franchise agreement." Having not stated the parishes or municipalities in the agreement would it be unenforable and invalid?


Asked on 9/17/14, 12:34 am

1 Answer from Attorneys

Larry Demmons The Demmons Law Firm

I would have to look at the agreement to know for sure, but if the agreement doesn't specifically state the "parish or parishes, or municipality or municipalities, or parts thereof" where you are prohibited from competing, it is generally not valid. However, there are a myriad of other issues to consider as well, including where you worked and plan to open the new business (I presume Louisiana?), whether there is a non-solicitation of employees clause, a non-solicitation of customers clause and a clause prohibiting the use of confidential and proprietary information of your former employer (which is also prohibited by statute). This last issue is one that I find many employers use when their non-compete agreements are not valid.

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Answered on 9/17/14, 7:01 am


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