Legal Question in Business Law in Colorado

non compete clauses

I have a non-compete clause with the company i used to work for. I decided to leave and start my own company. Since I have the non-compete my wife and I started it under her name. My boss is now sueing us. Does he have a good case?


Asked on 10/04/08, 6:22 pm

2 Answers from Attorneys
Robert Murillo Pivotal Legal Ltd.

Re: non compete clauses

The answer depends on the terms of this agreement, the business of your prior company, what your company does, the claims made in the suit and other factors. It is absolutely impossible to determine a case without review of information.

Talk to an attorney immediately.

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Answered on 10/04/08, 7:15 pm
Mark Cohen The Cohen Law Group, A Professional Corporation

Re: non compete clauses

I can't answer this without more info. Colorado does have a statute that makes some noncompete clauses unenforceable. See, Section 8-2-113 and 8-2-115, CRS. If the clause in your case is enforceable, and he can show that putting the new business in your wife's name is a sham to avoid the noncompete clause, he may have a case against you. I suggest you hire an attorney.

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Answered on 10/04/08, 7:33 pm


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