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?

UPDATED: Jul 3, 2012

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 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).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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