Colorado Employment Law Blog

Noncompete Agreements: You’ve Got to Give Something to Get Something

By Christie McCall

 

            The Colorado Court of Appeals recently issued a decision addressing the enforceability of noncompete agreements.   The case is significant because for the first time, a Colorado court addresses the sufficiency of consideration for noncompete agreements signed after employment begins.  The Colorado Court of Appeals has now made it clear that continued at-will employment alone is not sufficient consideration to support a noncompete agreement.  In order to obtain an enforceable noncompete from an existing employee , you have to give something to the employee in exchange for the employee’s promise not to compete.

While Employee Slept on the Job, Her Employer Did Not

By Christina Gomez

            An employee repeatedly fell asleep at work and was reprimanded for that and other work issues.  She filed a charge of discrimination and lodged several internal complaints, none of which were found to have merit.  She was eventually terminated for her perpetual sleepiness and, not surprisingly, she sued.  All of her claims were dismissed for lack of evidence of any discrimination or retaliation.