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Confidentiality / Non Competitive Agreement

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pkgarnier

Junior Member
What is the name of your state (only U.S. law)? On November 5th, 2008, I was let go by my food service company for too many written coaching forms in my files (6 in all in 6 years). None relating to each other and all unfounded and not proven to be true. Upon my hiring, 6 years ago, as part of my hiring package, I signed a "Confidentiality / Non Competitive” agreement. A direct competitor to my previous co. hired me very quickly and I accepted and started my new job as of January 1st 2009. I just received a letter from my previous employer which mentioned that I still had legal & contractual obligation to them for a period of 2 years. It specifically says “you agreed not to render services, give advice to, affiliate with or invest in any conflicting organization fro a period of two years”. I am very worry now. Do they have legal right to stop me from working as a restaurant manager after letting me go for not good reason? I need this job to pay my mortgage and support my family. Please help me.

Patrick / Colorado Springs CO.
 


seniorjudge

Senior Member
No one can tell you what will happen in the future.

However, if this does get to court, I cannot imagine the judge being too sympathetic to someone who has fired you and then expects you not to work!
 

mlane58

Senior Member
A Colorado statute invalidates non-compete agreements except in these limited circumstances:
(1) contracts for the purchase and sale of a business or the assets of a business;
(2) agreements with executives, management personnel, and their professional staff;
(3) contracts for the protection of trade secrets; or
(4) contracts for recovery of expenses for educating and training an employee who has been employed for less than two years.

You need to take a copy of your agreement to a local attorney to see if it meets the criteria listed above.
 

pkgarnier

Junior Member
Confidentiality / Competitive agreement

Thank you for you reponse,

I wil check today, but what can they actually do to me. force to resign, sue me and if they win, what can they actually get from me, i have nothing but bills....

Thanks,

Patrick
 
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