Modifying restrictions

The prior post begs the question most frequently asked by clients: what is a reasonable restraint? That is, what kinds of geographic and temporal restraints will be enforced by Colorado courts — assuming that the non-compete falls within one of the four exceptions set for in C.R.S. 8-2-113(2)? 

The best, but perhaps the most frustrating, answer

In most, if not all states, any restriction imposed by a non-compete must be reasonable. Restrictions as to geographic area or duration must be no greater than necessary to protect the employer’s legitimate business interests. States follow different rules, however, once a court determines that a restriction is unreasonable. 

In at least a few jurisdictions, a