Legal Question in Employment Law in Colorado

Non-solicit and non-compete agreements in Colorado...

My husband has had his own business in the Machine Tool industry for over 20 years. He's considering working for another company but will be required to sign a non-compete and non-solicit agreement. He did have a full time job in addition to his business but was recently laid-off and made a contractor.

He does currently have the same customers as the company that wants to hire him. I understand he would be considered "exempt" under Colorado law because he would not be a manager and he would not have the ability to hire/fire. He would not be part of the "professional" or "executive" team.

This contract is suppose to be good for one year. If he did work for this company he would not active under-bid or solicit the business of customers they both knew. He's considering this option bc we need continued health insurance. He is considering this option bc we need continued health insurance as we are both diabetics.


Asked on 3/16/10, 9:21 pm

1 Answer from Attorneys

Robert Murillo Pivotal Legal Ltd.

It is not possible to answer this question without review of the agreement. You could possibly revise the agreement terms to exclude these prior customers. I recommend that you contact an attorney to review the agreement before you sign anything and do not rely on what they say. Either what you want is part of the written agreement or it may not apply.

DISCLAIMER�This answer is for informational purposes only and discusses general legal principles, trends, and considerations and is not intended as specific legal advice regarding your question. This answer does not establish an attorney-client relationship.

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Answered on 3/22/10, 7:29 am


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