As the previous entry suggested, an employer in Colorado may be able to enforce an assigned non-compete under the proper circumstances. 

In a recent case, however, an employee argued that the evidence was insufficient to find that his non-compete had actually been assigned. A transfer agreement had been signed which provided that the employee’s former employer would sell

As the economy declines, increased attention may be given to whether an employer may assign its rights under a non-compete.  Businesses will fail and, when they fail, they will consider whether and how they can sell their assets, including non-competes. 

Until recently, it appeared clear in Colorado that an assigned covenant would be enforced. An older Colorado Supreme