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

UPDATED: Jun 10, 2011

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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


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

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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