If I signed a non-compete when I was hired on by my current employer, am I legally bound to fill out a new employer questionnaire about new employer?
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If I signed a non-compete when I was hired on by my current employer, am I legally bound to fill out a new employer questionnaire about new employer?
I signed a non-compete agreement upon being hired 5.5 years ago in Louisiana. I have accepted a position with another company in the same industry, different position but out of state. My current employer wants me to fill out a questionnaire with my new employer’s name, address, and contact information so that they can send them a notice of the non-compete. I do not want them knowing who I am going to work for although its a different position. Am I legally bound to fill out this questionnaire? Can my current employer withhold my last paycheck?
Asked on July 3, 2012 under Employment Labor Law, Louisiana
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
1) You are legally obligated to provide the information only a) if the non-compete you signed specifically said you had to do this; or b) your current employer takes legal action and uses court processes to request the information.
2) Your employer may not withhold you last paycheck even if you are (or they think you are) violating a non-compete. They can sue you, however, to enforce the non-compete (e.g. seeking a court order barring you from working for someone covered by the agreement).
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