Legal Question in Employment Law in Louisiana
Non Solicitation of former employer's Vendors
A former employer (actually I was a 1099 independent sales agent) has a non-solicitation of Company's vendors:
''Client Solicitation: During the term of this Agreement, and in the event that this Agreement is terminated by either party for any reason whatsoever, AGENT and its principals agree that they shall not, directly or indirectly, solicit any services
from, or attempt to solicit services, or accept the solicitation from any vendor of COMPANY or any source that may directly represent a vendor of COMPANY for a period of two years (2) following the termination of this Agreement.''
Can they do this even if these vendors are common knowledge and widely used in the industry and easily accessible? Does it still apply if I have proof I knew of these vendors and their products before signing the agreement?
They do not specify geographical location under this clause but do so under Governing Laws
Then under Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Louisiana or State of Mississippi, at the discretion of COMPANY.
Can they pick and choose which State laws (Louisiana or Mississippi) they wish to use?
Thank You for your help!
1 Answer from Attorneys
Re: Non Solicitation of former employer's Vendors
When you say "vendors," I assume you mean clients or customers. IF so, Louisiana law does allow such a non-solicitation provision, but it does have to contain a geographic restriction, specifically, it has to state the parish or parishes, municipalitiy or municipalities in which it is effective. However, under Mississippi law, if effective, it may need only be reasonable. Unfortunately, there are generally numerous other individual fact issues that also play into the question of whether these agreements can be enforceable. You should really speak to an attorney about your specific situation.
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