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Home > State Law Articles > Louisiana > Restrictive Covenants (LA)

Articles Discussing Restrictive Covenants In Louisiana.

Louisiana Court Rules Restrictive Covenant Is Unenforceable and Can’t Be Saved by Reformation

May 10, 2023 Filed Under: Restrictive Covenants (LA)

A recent ruling from a Louisiana appellate court is a reminder that a noncompete agreement that fails to specify the parishes or municipalities a former employer wishes to protect is unenforceable.

Louisiana Restrictive Covenant Signed by C-Suite Employee After Termination Is Unenforceable, State Appeals Court Holds

January 4, 2023 Filed Under: Restrictive Covenants (LA)

In Louisiana, restrictive covenants—known locally as “no competes”—are unenforceable by statutory default. One exception, based on the employer-employee relationship, authorizes an employer to enforce an agreement preventing a former employee from working for a competing business or soliciting customers after the employee leaves employment with the first employer.

A Lesson from the Fifth Circuit About Louisiana Noncompete Agreements: Establish the Employment Relationship First

June 22, 2022 Filed Under: Restrictive Covenants (LA)

A recent opinion from the United States Court of Appeals for the Fifth Circuit applying Louisiana’s restrictive law governing noncompetition agreements, reminds employers of the importance of establishing an employee-employer relationship before entering into noncompetition agreement.

Louisiana Appellate Court Reminds Employers of the Strict Rules for Enforceable Noncompete Agreements

March 18, 2022 Filed Under: Restrictive Covenants (LA)

Under Louisiana law, noncompetition agreements may limit competition only as to business similar to that of the former employer. The provision in Advanced Medical Rehab, L.L.C. v. Manton, the court found, violated La. R.S. 23:921 as it prohibited Manton from employment in the practice of marketing for any business, not

Non-Compete Commences From Termination, Not Judgement, Louisiana Appellate Court Holds

January 7, 2020 Filed Under: Restrictive Covenants (LA)

An employee’s termination date – that is, the date the employee quits or is fired – may be critical to determining when his non-competition obligations expire. Under Louisiana law, a non-competition agreement “not to exceed a period of two years from termination of employment.” La. R.S. 23:921(C).

A Recent Trend In Louisiana Non-Compete Cases?

September 15, 2019 Filed Under: Restrictive Covenants (LA)

A trend may be developing in favor of non-compete agreements in Louisiana. Two recent appellate court decisions enforced their terms, even though they contained either overly broad or ambiguous language. The first is from the Louisiana Supreme Court, Causin, L.L.C. v. Pace Safety Consultants, LLC, which we have previously discussed. The second is from the U.S. Fifth Circuit, Brock Services, L.L.C. v. Rogillio, 19-30363 (Aug. 27, 2019).

Former Employee in Louisiana Bites Back, Files Suit Against Employer for Threatening to Enforce Non-Compete

February 10, 2015 Filed Under: Restrictive Covenants (LA)

Jackson Lewis

Louisiana has strict requirements for enforcement of non-compete agreements which are not “favored” in the Pelican state. In a recent case, Boudreaux v. OS Restaurant Services, LLC, a former employee in Louisiana preemptively filed a lawsuit claiming a violation of Louisiana’s unfair trade practices statute and intentional interference with business relations after his former employer sent a letter stating its intent to enforce a non-compete agreement. The district court held that the complaint alleged sufficient facts to support the two claims and survive dismissal.

Non-Compete Runs From End of Employment Agreement’s Term, Louisiana Appellate Court Holds

July 18, 2014 Filed Under: Restrictive Covenants (LA)

A Louisiana appellate court recently decided that a non-competition agreement was unenforceable. But not because it contained unreasonable geographic or temporal restrictions or failed to strictly comply with Louisiana’s non-compete statute. Instead, the court found that the non-competition obligations had already expired during employment.

Louisiana Court of Appeals Holds Non-Compete Was Triggered When Employment Agreement Expired, Not When Actual Employment Ended

July 14, 2014 Filed Under: Restrictive Covenants (LA)

Jackson Lewis

The Louisiana Court of Appeals, First Circuit, recently affirmed a lower court’s denial of a preliminary injunction to enforce a covenant not to compete in Gulf Industries, Inc. v. Boylan (La. App. 1 Cir. June 6, 2014). The case demonstrates continued careful scrutiny by Louisiana courts of non-compete agreements.

Louisiana Legislature Passes Employee “Password Protection Law”

July 3, 2014 Filed Under: Restrictive Covenants (LA)

Perhaps the most significant of the employment law bills passed by the Louisiana Legislature this year is the “Personal Online Account Privacy Protection Act” signed into by Governor Jindal on May 23, 2014.

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