Legal Question in Employment Law in Louisiana
Non-compete in Louisiana
I was told to sign a addendum to my employment agreement several years ago or I would not receive my regular paycheck. The original portion of the agreement was signed several weeks after employment. The only other employee that was aware of this threat and was treated the same has since passed away. I requested a copy of my non-compete contract and mysteriously the date has been placed on the addendum of my original start date. This addendum did not exist as of my initial start date. Is this considered fraud and does it make my non-compete void?
1 Answer from Attorneys
Re: Non-compete in Louisiana
Dear LawGuru Friend,
No doubt you were under "duress" when you signed the non-compete agreement, since you had already earned your paycheck, and then the employer refused to give it to you until you signed the non-compete agreement. This alone may be enough to get you out from under the non-compete "agreement", if you ever need to be out from under it. And, yes, it was a fraudulent act for the employer to have knowingly improperly dated it for a time prior to the time you signed it. Of course, it may not be criminal fraud, but it would most probably be considered "contracutal fraud", if ever ruled upon by a judge. The Latin legal term "CULPA IN CONTRAHENDO" rings a bell in my legal head. Look it up in a legal dictionary, or GOOGLE it. There is more to it all than this, but this is something to think about. Good luck!
Sincerely,
Hardy Parkerson, Atty.
Lake Charles, LA
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