Protecting Employees And Organizations From Loss
Noncompete agreements are intended to protect organizations from the unfair loss of business to their competitors, which is a logical and reasonable objective. In many cases, they define restrictions placed on an employee who may want to leave a company and go to work for a competitor in the same industry. While noncompetes are fair in principle, complications can develop with regard to the scope and precision of a given agreement and to its enforcement. These complications can affect an employee’s ability to earn a living or a company’s ability to maintain its share of a market.
The Colorado attorneys of Pearson & Paris, P.C., represent both employers and employees in noncompete matters, working to protect the interests of our clients. Whether the issue concerns an executive, a salesperson, a medical or legal professional, a person in a technical role or another employee, we can advise you on your options in pursuing a case. Our litigation experience includes:
- Employer claims involving loss of profits
- Allegations of an employee hiring away another company’s staff
- An employee taking customer, client or patient lists to a competitor
- Matters related to trade secrets
Degrees Of Clarity And Challenges Of Enforcement
Noncompete disputes can arise in different settings and can involve different kinds of contracts and documents. While some noncompete agreements are explicit, describing precisely who “the competition” is, others are more ambiguous, leaving ample room for interpretation. Employers that do not have carefully crafted clauses may be more apt to lose out even if a former employee seems to be violating an agreement, while employees who sign well-worded noncompetes can find themselves unable to work.
The enforcement of noncompetes is an important factor to consider. In many cases, courts are reluctant to enforce them because of the spirit of competition inherent to common conceptions of capitalism.
Skilled Noncompete Litigation Attorneys
If you have concerns about a noncompete agreement, our lawyers can review your documents and help you assess your risk, or your rights, and pursue litigation when appropriate. Contact us to speak to a Denver noncompete agreement attorney.