Legal Question in Employment Law in Colorado

non compete

In February 2008 my contract with a Colorado company was terminated with no current employment opportunities available. Does the 12 month non-compete still hold that is stated in the contract? Can I submit my resume to other tenant coordination companies of the same nature (construction) due to lack of work? My position was non-managerial - tenant coordinator / construction. As the four statements read and I understand them � there was no purchase or sale of a business; trade secrets could be tenant leases and architectural drawings but are not property of the Colorado company; there were no expenses for education or training; and I did not hold an executive or management position or not employee to executive or management personnel. Am I in the clear here or is a release needed from the Colorado company to proceed with my career?


Asked on 9/03/08, 11:45 pm

1 Answer from Attorneys
Fred Shahrooz Scampato Law Office of Fred Shahrooz Scampato

Re: non compete

I cannot provide legal advice that you can follow in a responsive email. However, below please find a generalized statement of the law relating to your question.

Where there is an involuntary quit, the agreement is still enforceable but it is easier to win on the hardship requirement.

A non-compete agreement will generally be considered reasonable if it (1) protects the legitimate interests of the employer; (2) does not impose an undue hardship on the employee; and (3) is not injurious to the public.

You should have a consultation with an experienced employment lawyer to go over the specifics of your case. I recommend visiting the NJ Capter of the National Employment Lawyers Association for a recommendation for a NJ employment lawyer. Here's the website: http://www.nelanj.org/

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Answered on 9/04/08, 6:45 am


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