Middle Managers' Right to Compete Limited
Covenants not to compete can severely limit a person’s ability to pursue their chosen career path, if they can’t use their knowledge, skill and experience when that person leaves one employer to go to work for another. Depending on the circumstances, a person can be precluded from competing for a period generally ranging from 6 months to three years. That’s why the Colorado statute presumes that such covenants are void, unless the employer proves it to be valid under one of the four exceptions, as well as reasonable as to time and geographic coverage. Today, the Court of Appeals appeared to take a step toward loosening the statutory standard for determining whether a covenant is valid under the “executive and management personnel” exception.
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