Employers create non-compete agreements to help protect them from employees leaving to work for a competitor. Not all such agreements are enforceable in Colorado, so it's best to seek the advice of an experienced employment law attorney before anything is finalized.
In this case, a surgical and medical device sales company in Colorado sought counsel and recommendations on the hiring of a Colorado resident. This resident was subject to a complicated non-compete agreement with their former employer selecting out-of-state law to govern and an out-of-state forum for resolution of disputes.
Our Employment Law team successfully advised the company on the enforceability of the agreement, potential exposure to the company if the salesperson is hired, and recommended steps for the company to take if they decide to hire the salesperson.