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Moyes, the court determined that as a long as an employee non-solicitation agreement is lawful, reasonable and does not have a significant negative impact on trade/business, such agreement will be held valid and enforceable under California state law.
A typical non compete agreement may be for two years, but Colorado courts have upheld non compete agreements that were for twice that length of time.
Non-competes in Colorado Colorado is one of the states where non-competes are difficult, but not impossible, to enforce. As C.R.S. Section 8-2-113 makes clear, any agreement that prevents a person from engaging in any lawful occupation at any place he sees fit is prohibited in Colorado.
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)
Escaping Nonsolicitation AgreementsDon't sign.Build your book independently.Carve out pre-existing relationships.Require for cause termination as the trigger.Provide for a payoff.Turn clients into friends.Don't treat clients as trade secrets.Invest in your own business.
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.
Colorado has enlisted the help of the criminal justice system to reinforce its strong public policy against restrictive covenants. Beginning on March 1, 2022, violations of Colorado's restrictive covenants statute, C.R.S. § 8-2-113, may subject employers to criminal liability.
Since non-solicitation agreements are generally more specific than non-compete agreements, they are more readily enforced by courts. To be enforceable, non-solicitation agreements must abide by certain rules: Valid business reason.
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...