In 2018, the rules changed for physician noncompetes in Colorado.

Since 1982, physician noncompetes have been governed by a rule unique to physicians. Colorado’s noncompete statute voids “any covenant not to compete provision of an employment, partnership, or corporate agreement between physicians” that restricts the right of a physician to practice medicine. As a result of this statute, courts cannot enjoin physicians from practicing medicine – regardless of whether the physician agreed to the restriction. Colorado’s noncompete statue also provides, however, that other provisions in a physician agreement are enforceable, including provisions that require the payment of damages in an amount “reasonably related to the injury suffered”.

Continue Reading Physicians, Non-Competes and Liquidated Damages in Colorado

A recent decision in Denver District Court, Business Network Consulting v. Perkins, demonstrates the risks taken by aggressive employers when they seek to impose restrictions on a former employee that aren’t set forth in any written agreement.

BNC, a computer consulting company, sprung into action when it learned that one of its customers had offered a job to its former employee, Perkins. BNC contacted its customer and threatened litigation even though the customer had never signed BNC’s form contract that barred customers from hiring BNC’s employees for a limited time after an employee left BNC. Reluctant to get involved in litigation, the customer conferred with Perkins about BNC’s threats and Perkins elected not to go to work for the customer. The customer then reached a settlement with BNC under which the customer disclosed its communications with the employee and agreed not to employ Perkins for several years.

Continue Reading Leveling the playing field; tortious interference claims against a former employer

We pleased to let you know that the Colorado Non-Compete Law Blog was included on the Delaware Employment Law Blog’s annual list of the hundred best employment law blogs.

We’ve included the Delaware Employment Law Blog on our Relevant Blogs section in the left hand margin. The list of the best employment law blogs was included in