Legal Question in Business Law in Colorado

Good afternoon,

I would like to start with a bit of a background. I started working for my current company in October of 2015. I signed a contract with them saying that I cannot work for a competitor for two years after I resign. If I do, they have the right to sue me for $5,000 to compensate them for training. I was talking to a few people, and their belief was that a company cannot ask you to sign something like that for various reasons. They aren't lawyers so I don't know what to believe. I am currently looking at changing to our competitor because I cannot financially afford working for my current company. Our competitor only does one of the three therapies we do, and it's a different process. Technically speaking, the training I received from my current company would not apply to the new position. What are my rights in this circumstance? What options do I have?

Thank you in advance,

Lauren Hiett

Asked on 8/22/16, 11:22 am

1 Answer from Attorneys

Robert Murillo Pivotal Legal Ltd.

Let's start with what your friends beliefs. Your friend's beliefs are wrong. You agreed to the contract to pay them back (you use the term sue me) for your training if you worked for a competitor. This is technically not a non-compete. It is training repayment. It really depends on the language of the contract and more information on your position. If this is really a non-compete, you may have more leverage.

However, and most importantly, an attorney would need to review your contract and get more facts. A good contract would have made clear how competition is defined. If it is not defined, then it is left to contract law and an attorney would need to do more research and do further investigation on both companies. The best way to proceed is to retain an experienced attorney so they can review the contract and do an investigation. If you don't want to get an attorney, then you will have to learn the law and proceed how you think is best. It is just not as simple as posting a few sentences and asking about your rights. Your rights, primarily, depend on something we cannot see and then on case law.

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Answered on 8/22/16, 2:01 pm

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