The purpose of a noncompete agreement is to prevent you from working for your company’s competitors. Your employer may be concerned that you will share information that could harm the company’s prosperity.
In Colorado, there are only four circumstances in which an employer can require an employee to sign a noncompete agreement.
Your employer can require you to sign a noncompete agreement:
- If you are an executive or manager, or the assistant of one
- If you know trade secrets that are essential to the company’s success
- To protect business assets
- To recover expenses related to employee training for an employee that has worked there for less than two years
If your noncompete agreement is not based on one or more of these conditions, the court will deem the agreement invalid, in which case you have no occupation restrictions.
You still have options if one of the four circumstances apply to you.
How can you transition to a new job?
A valid noncompete agreement may make it difficult for you to work in a position that is similar to the one you previously held. Although it may be difficult, it is possible.
It may be wise to have an attorney look over your agreement before you accept a job offer. A lawyer can better understand the legalities of your noncompete agreement and advise you from there.
Tell your potential future employer about the non-compete agreement. Explain that your attorney has informed you of the requirements you must abide by. This way your potential employer will not require you to perform duties that would violate the agreement.
The best way to make a smooth transition is to simply be respectful of your current employer. Give your employer the required notice and avoid causing problems.