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To try to prevent such an outcome, a worker who is a party to a non-compete or non-solicitation agreement, may seek a declaratory judgment from a Colorado court of competent jurisdiction, or an arbitrator if an arbitration clause applies, to ask that it be declared that the non-compete or non-solicitation agreement is ...
Covenants not to compete are frequently enforced to prevent a former employee from soliciting his or her former customers to buy competing products or services from the new employer.
The agreement is not enforceable because the time period it covers is too long. The period considered reasonable varies by state but typically ranges from 6 months to two years. Longer agreements will likely be found invalid. The territory covered by the agreement is too large.
Summary of Colorado's Non-Compete Statute A non-compete agreement can only be enforced against a worker who earns at least $101,250 annually (or the adjusted salary threshold then in effect).
California law bars covenants not to compete in nearly all circumstances.
Specificity: A non-compete agreement must be specific about the activities it prohibits. Additionally, the covenant must clearly articulate what activities are considered competing and those activities must be substantially similar or related to the work the employee performed for the employer.
In California, it's illegal to enforce non-compete agreements that put limits on an employee's future job prospects. ing to California Business and Professions Code Section 16600, any contract that restricts an individual from ?engaging in a lawful profession, trade, or business? is null and void.
New Colorado Law Prohibits Non-Disparagement and Non-Disclosure Agreements which Prohibit Disclosure of Unfair Employment Practices. On August 7, 2023, the ?POWR? Act will go into effect. As discussed in a previous blog post, this new law will change the law of workplace discrimination and harassment in many ways.