This non-compete and non-solicitation agreement has been entered into by a corporation and an employee. The employee agrees not to become employed by, or enter into any similar agreement as a director, employee, independent contractor, consultant, agent or partner with another corporation similar to the one identified within the agreement during the closing of a twenty-four month recapitalization venture.
Colorado Sample Noncompetition and Nonsolicitation Agreement
Category:
State:
Multi-State
Control #:
US-C-9200
Format:
Word;
Rich Text
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FAQ
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)
Non-competes in ColoradoColorado 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.
An agreement not to solicit employees can be distinguished from an agreement not to solicit clients. An agreement not to solicit clients is simply a type of non-compete agreement and is prohibited except in certain circumstances by Colorado's non-compete statute(Co. Rev. Stat.
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.
Even if an exception applies, Colorado courts require non-compete agreements to be reasonable in temporal and geographic scope to be enforceable.
The legal policy in favor of allowing an employee to leave and compete does NOT, however, allow that employee to violate the fiduciary duty to the employer and solicit other employees before leaving. An employee cannot, while working for one employer, solicit fellow employees to leave that company and work for a rival.
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.
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.
solicitation agreement is a contract, usually between an employer and an employee that governs the employee's right to solicit customers of the business after he or she leaves his or her employment.
Under state unfair competition laws or specific statutes, employee poaching may actually amount to tortious interference with business (contractual) relations. This occurs when a company intentionally causes another to breach his employment contract.
