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Yes, employers are typically required to provide a copy of the non-compete agreement to their employees. This ensures transparency and allows employees to understand their obligations fully. The Colorado Noncompete Letter to New Employees emphasizes the importance of clear communication between employers and employees regarding such agreements. Always request a copy if you haven't received one.
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)
Legally, you have no obligation to tell your employer where you are going. There is no need to let them know where you will be working if they know where you live.
Confidentiality/non-disclosure agreements are contracts in which the employee promises not to disclose certain proprietary information, such as trade secrets. Non-compete agreements are contracts in which the employee agrees not to unfairly compete against his/her (former) employer.
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.
Yes, but you should be informed when you do. This is important because you want to make sure you alert your new employer to any issues it may face as a result of your current non-compete since those obligations follow you after you leave your current employer.
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.
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.
If you have, the answer is clear: you cannot compete with your employer. A Non-Compete clause or agreement will not restrict all of your activity, however; it will restrict specific competitive activity, usually in a specific geographic area for a specific time.