Can my new employer be held liable for an alleged violation of my non-compete?

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Can my new employer be held liable for an alleged violation of my non-compete?

The condition of my employment was to sign a non-compete. I was later terminated and went to work for a competitor. I brought no particular skills to the position other than my personal contacts. Now that I went to work for the competition, the ex-employer is suing my new employer for non-compliance of my non-compete. I too am being sued. The claim is that the new employer is gaining valuable proprietary insights from the company that I worked for. The business is selling used equipment on eBay. Is this enforceable?

Asked on June 10, 2011 under Employment Labor Law, Colorado

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Non-competitive agreements are enforceable.  However, a court can examine the non-competitive agreement and limit it in terms of duration, scope, and the area it covers.


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