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California courts have already determined that non-disclosure and client/customer non-solicitation agreements are not valid or enforceable.
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.
Even if an exception applies, Colorado courts require non-compete agreements to be reasonable in temporal and geographic scope to be enforceable.
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.
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...
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.
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.
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.
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.
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)