Boulder Non-Compete Agreement
Non-Compete Agreement Disputes & Litigation
Non-compete agreements offer numerous advantages for businesses wishing to protect trade secrets and other valuable company information. However, they must also be reasonable in their limitations, terms, and scope. This issue—the reasonableness of a non-compete agreement—often gives rise to various disputes. When this happens, litigation may become necessary.
At the Patricia S. Bellac Law Firm, our Boulder non-compete agreement dispute attorney, Patricia S. Bellac, represents both employees and employers in an array of non-compete agreement disputes. With more than 25 years of experience practicing employment and business law in Northern Colorado, Attorney Bellac has helped countless individual and commercial clients navigate the Colorado legal system and find custom solutions tailored to their unique needs.
There is a statute in Colorado that renders most non-competes void. If a non-compete meets one of the exceptions to that statute, it is still only legally enforceable if it:
- Protects a legitimate business interest
- Lines up with the interest of the public
- Is reasonable in scope and duration
If a non-compete fails to meet any of these requirements, it is unenforceable. The agreement could be void if it was entered into at a time when the employee did not have a position that was eligible for an exception to the Colorado non-compete statute.
When Can an Employee or Former Employee Get Out of a Non-Compete Agreement?
Patricia S. Bellac Law Firm will analyze your non-compete agreement to determine if it meets a statutory exception or is otherwise enforceable. It is often useful to negotiate with an employer or employee who at the conclusion of employment to agree upon new competitive employment that protects both parties considering a non-compete agreement. If none of those approaches work, a non-compete dispute may be resolved at the declaratory judgment stage in Colorado, which is a more efficient and less expensive approach than full adjudication on the merits. Our Firm recently successfully resolved such a dispute, and that case is featured in a July 2021 article in the Colorado Trial Lawyers’ Association journal.
An employee or former employee may be able to successfully challenge a non-compete agreement by proving one or several of the following:
- The employee did not sign the non-compete agreement
- The employee’s position did not qualify for a statutory exception to the Colorado law rendering most non-competes void, at the time the agreement was signed
- The new job the employee has accepted does not actually violate the terms of the agreement
- The non-compete agreement was unreasonable in length or scope or geographic territory
At the Patricia S. Bellac Law Firm, we represent individuals and business owners in complex litigation, including disputes involving non-compete agreements, providing individualized counsel and aggressive, client-focused support. We serve the needs of business owners and commercial clients in non-compete agreement litigation, working to find cost-effective and timely resolutions to a variety of disputes.
Preparing for Non-Compete Agreement Dispute Resolution
Typically, non-compete agreement disputes arise when an employer believes that an employee or former employee has violated a non-compete agreement. Employers must act fast to protect their business’s interests. The business can seek an immediate preliminary injunction or monetary damages, but the entity bringing the claim should be prepared to back its case. Failure to provide sufficient evidence and successfully resolve the dispute could backfire.
At the Patricia S. Bellac Law Firm, we assist our clients in preparing for and navigating all types of disputes related to non-compete agreements, as well as resolving these disputes through mediation, arbitration, and/or litigation. As your Boulder non-compete agreement dispute attorney, Patricia Bellac can assist you in evaluating the likelihood that a court will enforce the agreement, determining the appropriate means of legal action for resolving the dispute, and initiating litigation, if necessary.
Throughout the process, she and our entire team at the Patricia S. Bellac Law Firm will provide detailed and personalized legal counsel, as well as honest, direct, and transparent communication. We take great pride in serving the unique needs of our clients and have earned a reputation in the Northern Colorado business community for our careful approach to litigation, as well as our aggressive advocacy for the rights of our clients.
If you are engaged in a non-compete agreement dispute—or any other related legal matter concerning an employment contract or similar issue—do not hesitate to contact our team at the Patricia S. Bellac Law Firm. We are happy to discuss your situation and needs during a complimentary phone consultation at your earliest convenience.
We can solve virtually any legal problem creatively and effectively. Reach out to the PSB team to explore your legal options.
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