What is the legality of a non compete employment agreement in Louisiana? Posted on February 14, 2011
My question is regarding non compete agreement. May I accept a sales position with a company that is in direct competition with my former employer. I was hired by a New York based company on 12/15/10, signed an agreement, and then laid off 2/1/10. I am neSt Tammany parish based. My former employer does not have any existing business in the State of Louisiana, nor was a specific territory defined in the agreement. Here is the excerpt from the contract:
(e) Competitive Business. For purposes of this Agreement “Competitive Business” will mean: (i) any enterprise engaged in developing, selling or providing a practice management system, electronic health record, consumer or physician Internet healthcare portal or interactive online personal health management products; or (ii) any enterprise engaged in any other type of business in which the Company or one of its Affiliates is also engaged, or plans to be engaged, so long as I am directly involved in such business or planned business on behalf of the Company or one of its Affiliates. 2. Non-Solicitation of Employees, Customers. In order to protect the Company’s Trade Secret and Proprietary Information, (i) during my employment with the Company and for a period of one year after the termination of such employment for any reason (the “Restricted Period”), I will not, without the Company’s express written permission, during the Restricted Period, I will not, without the Company’s express written permission, directly or indirectly contact, call upon or solicit, on behalf of a Competitive Business, any existing or prospective client, or customer of the Company who I serviced, or otherwise developed a relationship with, as a result of my employment with the Company, nor will I attempt to divert or take away from the Company the business of any such client or customer.