Colorado Noncompete Letter to Departing Employee
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How to fill out Noncompete Letter To Departing Employee?
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FAQ
Here are five ways to beat a non-compete agreement.Prove your employer is in breach of contract.Prove there is no legitimate interest to enforce the non-compete agreement.Prove the agreement is not for a reasonable amount of time.Prove that the confidential information you had access to isn't special.More items...
While for many years Colorado has prohibited the use of non-competes (with certain exceptions), it recently became the first state to criminalize the use of non-competes exceeding the permissible scope of state law. A new Colorado law raises the stakes for employers using restrictive covenants.
According to the California Business and Professions Code Section 16600, every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void. In other words, non-compete agreements are not enforceable in California.
Generally, under Colorado law, non-solicitation and non-competition agreements are deemed void, except in the following limited circumstances: (1) contracts for the purchase and sale of a business or the assets of a business; (2) agreements with executives, management personnel, and their professional staff; (3)
You Can Void a Non-Compete by Proving Its Terms Go Too Far or Last Too Long. Whether a non-compete is unenforceable because it covers too large of a geographical area or it lasts too long can depend on many factors. Enforceability can depend on your industry, skills, location, etc.
Noncompete agreements cannot last indefinitely; they must have a specific duration. Additionally, that duration can only be as long as necessary to protect the business from unfair competition. Colorado does not have a specific time frame that is considered reasonable. Courts in Colorado have enforced up to five years.
While for many years Colorado has prohibited the use of non-competes (with certain exceptions), it recently became the first state to criminalize the use of non-competes exceeding the permissible scope of state law. A new Colorado law raises the stakes for employers using restrictive covenants.
Non-compete agreements that do not fall under one of these exceptions generally cannot be enforced in Colorado. Unfortunately, the statutes and case law governing non-compete agreements in Colorado are vague at best.
Even if an exception applies, Colorado courts require non-compete agreements to be reasonable in temporal and geographic scope to be enforceable.
