Why New Colorado Law Against Non-Compete Clauses Probably Won't Work

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Why New Colorado Law Against Non-Compete Clauses Probably Won't Work
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Even Alfred Williams couldn't get around a non-compete clause. Here's why this new law probably wouldn't have helped.

A prime example is, entitled"Restrictive Employment Agreements," which Polis signed into law on June 8. It essentially nixes what are known as non-compete clauses, which typically impose a delay on workers who want to leave a job in order to take a position with what might be seen as a competitor.

According to its summary, HB22-1317"declares that a restrictive employment agreement or covenant not to compete that restricts the right of any person to receive compensation for performance of labor for any employer is void, with certain exceptions." An employer who violates the provision is subject to a penalty of $5,000 for each employee or prospective employee, as well as injunctive relief and actual damages.

"The way they could have tried to get around these agreements before was by choosing a different venue or choosing a different law," Raykin explains."A lot of contracts have a choice-of-law clauses and a choice-of-venue clauses.

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