Our office remains open to serve your important legal needs during these turbulent and challenging times. We are happy to schedule client consultations and client meetings by telephone or video-conference at your request.
Bryan E. Kuhn
Counselor at Law, P.C.
Business & Employment Law Attorney

Non-compete agreements on the rise in the U.S.

Non-compete agreements are growing increasingly common in Colorado and the rest of the country. From an employer’s standpoint, non-compete agreements are aimed at managing the risks that are inherent to an employee’s job change.

Because few employer-employee relationships last forever, there must be a way to sever the relationship while minimizing the risks for both parties. For the business, these risks are heightened if an employee should decide to work for a competing business in a similar geography.

While non-compete agreements were once mainly used in the technology, sales and corporate worlds only, a recent article from The New York Times reports that many other fields are now making use out of the contracts as well.

“There has been a definite, significant rise in the use of non-competes, and not only for high tech, not only for high-skilled knowledge positions,” a professor at the University of San Diego School of Law and expert on non-compete agreements told the Times.

“They’ve become pervasive and standard in many service industries,” the professor said.

Employees ranging from yoga instructors to social media marketers to camp counselors are being asked to sign contracts limiting the job options they can pursue after their current employer-employee relationship ends.

However, as the Times article pointed out, not all non-competes are created equally, and they must comply with the law in order to be upheld in court. Current law governing non-compete agreements varies from state-to-state.

Only a couple states (California and North Dakota) ban non-compete agreements outright, while there are others like Texas that place few limitations on their scope.

A professor at New York University School of Law told the Times that most states require there to be a “legitimate business interest” that is “narrowly tailored and reasonable in scope and duration” in order for the non-compete agreement to be valid.

Terms like “legitimate business interest,” “narrowly tailored,” and “reasonable scope and duration” can be quite confusing to the average employer or employee, which is why it is so important to consult an experienced business law attorney before asking an employee to sign a non-compete agreement or signing one yourself.

Source: The New York Times, “Noncompete Clauses Increasingly Pop Up in Array of Jobs,” Steven Greenhouse, June 8, 2014

Column Image

“I used the Bryan E. Kuhn, Counselor at Law, P.C. team to help me with a case. They were always professional, upfront, and positive providing guidance while keeping me informed.”
– L.H.

“Everyone at the firm was professional, responsive and courteous. I would definitely recommend this firm if you are in need of superior legal assistance.”
– J.S.

“Bryan and his law firm operate with great professionalism and personal touch. I appreciated the way he and his team offered transparent communication.”
– N.S.

“The team was very professional in helping me to get through an uncomfortable ADA situation at my workplace. This was a very good legal experience. I would recommend Bryan E. Kuhn & team to anyone who needs work related legal help.”
– D.L.

“Bryan, Katie, and all the staff in this office are super fast to respond, expert in their fields, and always helpful. We have been extremely pleased with their services for our small business.”
– T.Z.

Column Image


Bg Subscribe
Contact Our Firm

Office Location

Bryan E. Kuhn, Counselor at Law, P.C.
1660 Lincoln Street Suite 2330
Denver, CO 80264

Local: 303-424-4286
Toll Free: 866-693-5541
Fax: 303-425-4013
Denver Law Office Map
FindLaw Network
Click for the BBB Business Review of this Attorneys & Lawyers - Employment Litigation in Denver CO