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When the Guy Making Your Sandwich Has a Noncompete Clause

When the Guy Making Your Sandwich Has a Noncompete Clause

New York Times Article Review – When the Guy Making Your Sandwich Has a Noncompete Clause

We like to post interesting events, articles, and laws related to non-competition agreements.  I’ve been meaning to post this article for some months.

This article from the New York Times describes New York’s continued trend towards more restriction on non-compete agreements.  New York is trying to prevent non-compete agreements that are utilized in relatively low and moderate paying jobs. Neil Irwin of the New York Times article (“When the Guy Making Your Sandwich Has a Noncompete Clause”) discusses a number of issues with non-competes in such circumstances and the detriment it can have on employees. The article also cites a continued trend of increasing litigation around employment non-competes.

Colorado is more moderate than New York in its treatment of non-competes.

Colorado is more moderate than New York in its treatment of non-competes.

Unlike New York, Colorado is moderate in its treatment of non-competes.  In Colorado non-competes are considered per se void except under limited circumstances, and the restrictive covenant must always be reasonable. One of the permitted instances is for executives or management personnel.  As a Jimmy John’s driver would not qualify as executive and management personnel, any non-compete with that driver would be unenforceable.

For the full New York Times article please see the link below:
http://www.nytimes.com/2014/10/15/upshot/when-the-guy-making-your-sandwich-has-a-noncompete-clause.html?_r=0&abt=0002&abg=0


Mallon Lonnquist Morris & Watrous PLLC, is a business, employment, real estate, and litigation law firm. Craig T. Watrous is a Colorado business attorney with MLMW, based in Denver, Colorado. Craig regularly represents clients on both sides of covenants not to compete. Craig can be reached at cwatrous@mlmw-law.com.

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The Rise of Non-Competition Clauses in Employment Contracts

The Rise of Non-Competition Clauses in Employment Contracts