U.S. - Colorado
New: 2022.07.25 Colorado Becomes the Latest State to Enact Income-Based Threshold for Noncompetition and Customer Nonsolicitation Covenants (Duane Morris LLP).
Continued Employment -- provides sufficient consideration for entry into a non-compete. So held in Lucht’s Concrete Pumping, Inc. v. Horner, Colorado Sup. Ct. (2011.May.31), providing that --
ERISA Preemption - Not Applicable to Forfeiture-for-Competition Case. Colorado law applies, not ERISA, with respect to claims under an individual salary continuation agreement, in part due to the employer's failure to establish that 27 similar agreements constituted an ERISA plan. Hoffner v. Bank of Choice (D.Co. 6/2011), with the following nonitalicized text being direct quotations:
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