Legal Question in Business Law in Colorado
Employment non-compete clause legal in Colorado?
In Colorado is a non-compete clause valid for an independant contractor of
marketing and sales service, for 6 months? The contract I've recieved has no
geographical or mileage boundry, with a 12month term, and says '' ''shall not
directly or indirectly undertake any activity with is competitive...''
If it's not valid or enforceable, anyway, couldn't I just sign it, since I would like
the project?
1 Answer from Attorneys
Re: Employment non-compete clause legal in Colorado?
Non-competes are presumptively invalid in Colorado unless they fit into one of 4 permissible categories: 1) part of the purchase and sale of a business; 2) designed to recover costs of training an employee whose employment with the employer lasted less than 2 years; 3) applies to executive or management personnel or officers and employees who are professional staff to execs/management; or 4) to protect trade secrets. I don't see your independent contractor status fitting into any of these categories - maybe trade secrets if you're dealing with those, but that category is very narrow - in fact I think by trying to do this, the principal runs the risk of turning you into an employee rather than an independent contractor - shouldn't be able to remove the "independent" part. Likely to be unenforceable.
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