This form is a Key Employee Non-Disclosure and Non-Competition Agreement. The form provides that this is an employment at will and the employee has the right to terminate his/her employment at any time. The employee also agrees to keep all information obtained as a result of his/her employment confidential. The employee will not interfere with the employer's business in any manner, including, encouraging anyone to leave the employer's company or by encouraging a consultant to sever the relationship with the employer.
Colorado Key Employee Nondisclosure and Noncompetition Agreement
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State:
Multi-State
Control #:
US-KWP-0038
Format:
Word;
Rich Text
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How to fill out Colorado Key Employee Nondisclosure And Noncompetition Agreement?
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FAQ
Employment Contracts in Colorado. Contracts serve as the basis for every employment relationship. Employment contracts can be created by a written document, by oral statements, or implied by the conduct of the employer and employee.
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.
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.
Generally speaking, a non-compete agreement in Colorado is not valid and is not enforceable on an employee, to give that employee the opportunity to work where they want and use their skills.
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.
It is possible to find non-compete loopholes in certain circumstances in order to void a non-compete contract. For instance, if you can prove that you never signed the contract, or if you can demonstrate that the contract is against the public interest, you may be able to void the agreement.
Even if an exception applies, Colorado courts require non-compete agreements to be reasonable in temporal and geographic scope to be enforceable.
In the special case of physicians, an agreement that restricts the right of a physician to practice medicine is void; however, provisions that require the payment of damages in an amount that is reasonably related to the injury suffered by reason of termination of the agreement, including damages related to
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