Restrictive covenants are a common method for employers to protect their business interests, but historically, they have been disfavored in Colorado. Today, restrictive covenants like non-solicitation of clients are strictly governed by statute. These agreements are only enforceable if the employee earns above a designated income threshold annually, and the restriction is narrowly tailored to protect trade secrets. Fort Collins non-solicitation of clients lawyers develop strategies to counter the aggressive, sometimes unlawful tactics employers use to prevent employees from moving on in their careers.
The team at HKM Employment Attorneys, LLP, has meticulous knowledge of the state statutes covering restrictive covenants, giving us an edge in reviewing clauses and negotiating terms that prioritize you. We help professionals challenge void or unenforceable agreements in court, while our Fort Collins non-solicitation of clients lawyers will also defend employees against legal threats by employers. Contact us today for details about our employment law services.
Summary of Colorado’s Strict Laws on Restrictive Covenants
State law on restrictive covenants requires a deep understanding of recent legislative shifts. Under the recently enacted Restrictive Employment Agreements Act, Colorado significantly narrowed the window for enforceable non-solicitation agreements. These laws now primarily apply to highly compensated employees who make above a salary threshold that is established annually. For 2026, the amount is $78,008 in income. Note that this amount is separate from the threshold that applies to non-competes, in which case a highly compensated employee is one who makes in excess of $130,014.
Employers are also subject to strict notice requirements, requiring them to provide a clear, written description of the covenant:
- Within 14 days before it takes effect for current staff
- For new hires, before a job offer is accepted
If an employer fails to provide the required notice in a separate document, the entire covenant may be deemed void.
Are Non-Solicitation Agreements Enforceable in Fort Collins?
The enforceability of a non-solicitation agreement depends upon the reasonableness of the contract’s terms. Colorado courts generally disfavor any agreement that acts as a hidden non-compete, even if it is labelled a covenant not to solicit.
To be enforceable, a non-solicitation clause must be narrowly tailored to protect a legitimate business interest, such as trade secrets or customer goodwill. It cannot simply be a tool to prevent fair competition, so the court scrutinizes specific factors like:
- Geographic scope
- Duration of the restriction
- Definition of “solicitation”
Because local judges have specific precedents they follow, retaining a Fort Collins non-solicitation of clients attorney to review your document is vital. You want confidence that the agreement adheres to the strict salary thresholds and relevant legal standards.
Challenging an Overly Broad Non-Solicitation Clause in Fort Collins
If you find yourself restricted by an unfair contract, it may become necessary to challenge an overly broad non-solicitation clause. Many employers use boilerplate language that is no longer legal under Colorado’s non-compete statute. A clause might be considered overly broad if it prevents you from contacting people you had no prior relationship with or if it lasts for an unreasonable amount of time.
In these cases, a skilled lawyer can move to have the covenant invalidated or limited in scope. Litigation in Fort Collins courts often centers on whether the restriction creates an undue hardship on the professional. By identifying technical flaws, your legal team can help you regain your professional freedom.
Legal Help from a Non-Solicitation of Clients Lawyer
Seeking guidance from a dedicated attorney is the best way to mitigate risk in the high-stakes employment market in Fort Collins. The nuances of the law are too significant to ignore, and a meticulous employment lawyer stays keenly focused on updates to the legal landscape in Colorado. They also understand the local operations in Larimer County courts and can provide tailored advice that general practice firms might miss.
From analyzing salary requirements to negotiating better terms, professional legal counsel ensures you do not sign away your rights or start a new business vulnerable. Protecting your livelihood starts with a clear, legally sound strategy that leverages Colorado’s restrictive covenant laws.
FAQs About Non-Solicitation of Clients
What is an example of a non-solicitation agreement?
A typical clause prohibits a departing employee from directly or indirectly inducing, enticing, or requesting clients of their former employer to move their business elsewhere. It usually specifies a restricted period, such as 12 months, and covers customers whom the employee personally served.
How enforceable is a Colorado non-solicitation agreement?
These agreements are only enforceable against workers earning above a certain income as set by the Colorado Department of Labor (CDLE), which is established annually. For 2026, the amount is $78,008.40. This amount represents 60 percent of the threshold for highly compensated employees. Non-solicitation agreements must also be narrowly tailored to protect trade secrets and require a separate written notice to be valid.
What happens if you breach a non-solicitation agreement?
Breaching a valid agreement can trigger lawsuits for actual damages, including lost profits and business opportunities. An employer may also seek injunctive relief against an employee who violates a non-solicitation of clients clause, in which a judge orders you to stop contacting clients.
Does a non-solicitation agreement apply to former clients?
Generally, these agreements apply to active clients at the time of your departure. However, poorly drafted clauses attempting to restrict former clients or those with whom you had no contact are often deemed overly broad and unenforceable under Colorado’s strict reasonableness standards.
Reach Out to a Fort Collins Non-Solicitation of Clients Attorney for Details
Colorado’s restrictive covenants laws are strict, but many employers still try to take advantage of employees through unlawful non-solicitation of client agreements. Colorado non-solicitation of clients lawyers apply these complex statutes to your advantage to support your career, mobility, and future.
Getting legal help is the most effective way to counter aggressive tactics and invalidate overly broad restrictions, so contact HKM Employment Attorneys, LLP, today. You can call (970) 698-8502 to set up a free consultation. Our experienced team is ready to review your case at our Fort Collins office.
