Legal Question in Employment Law in Colorado
employment agreement non-compete clause
In a non-compete clause given to me to sign prior to employment I am questioning the legality of the following statement. "For three years after termination, voluntary or unvoluntary, employee will not engage in any business competitive with employer. Directly or indirectly not engage in any business competitive with employer. This covenant includes but is not limited to (ii)becoming an employee of any third party that is engaged in such business. Employee agrees that this non-compete provision will not adversely affect the Employee's lovelihood."
My question is, is this legal and binding if signed?
1 Answer from Attorneys
Re: employment agreement non-compete clause
Probably not. Generally covenant not to compete are unenforeable in COlorado , except fo rkey management personnel , professional staff, and owneres/sellers. I cannot give you any opinion based on limited info supplied. Typically three years is considered overeaching, and will be unenforceable.. Also there must be adequate compensation (consideration) for you to give up your right to work, this can mean the signed covenant must be signed at the outset of the work relationship, and not later during the course of employment. Typically what is contained is also a trade secret restricitoin. This may be enforceable. Becasue much depends on the facts and the actual language, see a lawyer.
Dymond Steven
Steven H. Dymond P.C.
1444 Wazee Street, Suite 335
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
