Colorado Employee Advocates | CEA

Schedule An Initial Consultation: 720-759-2795

  • Home
  • About Us
    • Justin M. Plaskov
    • Rachel Tumin
    • Denison Goodrich-Schlenker
    • Dan R. Godin
    • Colleen Kennedy
  • Employment Law
    • Discrimination
    • Age Discrimination
    • Disability Discrimination
    • Pregnancy Discrimination
    • Racial Discrimination
    • Sexual Harassment
    • Equity Agreements
    • Noncompete Agreements
    • Severance Agreements
    • Breach Of Contract
    • Family And Medical Leave Act
    • FAMLI Leave
    • Wage And Hour Law
    • Worker Misclassification
    • Federal Employment Law
    • Protecting Whistleblowers
    • Wrongful Termination
  • Case Results
  • Reviews
  • Blog
  • Contact
Colorado Employee Advocates | CEA

Schedule An Initial Consultation: 720-759-2795

  • Home
  • About Us
    • Justin M. Plaskov
    • Rachel Tumin
    • Denison Goodrich-Schlenker
    • Dan R. Godin
    • Colleen Kennedy
  • Employment Law
    • Discrimination
    • Age Discrimination
    • Disability Discrimination
    • Pregnancy Discrimination
    • Racial Discrimination
    • Sexual Harassment
    • Equity Agreements
    • Noncompete Agreements
    • Severance Agreements
    • Breach Of Contract
    • Family And Medical Leave Act
    • FAMLI Leave
    • Wage And Hour Law
    • Worker Misclassification
    • Federal Employment Law
    • Protecting Whistleblowers
    • Wrongful Termination
  • Case Results
  • Reviews
  • Blog
  • Contact
Colorado Employee Advocates | CEA
  • Home
  • About Us
    • Justin M. Plaskov
    • Rachel Tumin
    • Denison Goodrich-Schlenker
    • Dan R. Godin
    • Colleen Kennedy
  • Employment Law
    • Discrimination
    • Age Discrimination
    • Disability Discrimination
    • Pregnancy Discrimination
    • Racial Discrimination
    • Sexual Harassment
    • Equity Agreements
    • Noncompete Agreements
    • Severance Agreements
    • Breach Of Contract
    • Family And Medical Leave Act
    • FAMLI Leave
    • Wage And Hour Law
    • Worker Misclassification
    • Federal Employment Law
    • Protecting Whistleblowers
    • Wrongful Termination
  • Case Results
  • Reviews
  • Blog
  • Contact
EMAIL

Call

Dedicated To Supporting Colorado Workers

  1. Home
  2.  – 
  3. Noncompete Agreements
  4.  – 
  5. How can tech workers negotiate non-competes?

How can tech workers negotiate non-competes?

On Behalf of Colorado Employee Advocates | Jun 5, 2025 | Noncompete Agreements

Under C.R.S. § 8-2-113, a non-compete is valid only when it protects legitimate trade secrets and binds a “highly compensated” employee, which is set at $123,750 for 2025 and adjusted annually. Any restriction should be kept short in duration and confined to a clearly defined geographic area. Courts have voided agreements that stray from these limits.

Key points to tackle at offer stage

Define trade secrets precisely. Push for language that lists specific technologies or source-code repositories rather than “all proprietary information.” Limit the blackout period. One year is widely viewed as a ceiling, but shorter is safer.

Shrink the map. A global ban rarely survives scrutiny. Tie any restriction to the markets or clients you actually serve. And, be sure to check the pay threshold. If compensation dips below the statutory floor, even after bonuses are tallied, the covenant may be unenforceable.

After an involuntary exit

Many Denver companies draft escape valves that void the covenant if termination is without cause. If none exists, recent guidance suggests a court may still narrow or strike the clause when equity so demands, especially after layoffs.

Practical negotiation checklist

Ask for carve-outs covering open-source contributions, volunteer coding and side projects predating the job. Tie prohibited roles to direct competitors. Identify specific competitors outright or define the group using precise, measurable benchmarks.

Request severance or garden-leave pay equal to the restriction period if the employer insists on a lengthy covenant. Document every discussion. Amended offer letters or addenda help later if enforceability is disputed.

Final thoughts

Denver tech talent can keep career options open by scrutinizing scope, duration and compensation thresholds before signing (and by revisiting the contract after any unexpected separation). Colorado’s statute gives workers bargaining leverage. Use it to ensure any restriction is genuinely necessary and legally sound.

Recent Posts

  • How to spot non-verbal sexual harassment at work
  • Could age and race discrimination be hiding in your performance review?
  • Can a severance agreement block whistleblowing?
  • Can Denver tech workers challenge a non-compete?
  • How to prove age discrimination in the workplace

Archives

Categories

  • Age Discrimination
  • Breach Of Contract
  • Discrimination
  • Family And Medical Leave Act
  • Mediation
  • Noncompete Agreements
  • Nondisclosure Agreements
  • Sexual Harrassment
  • The Power Of Documents
  • Wage & Hour Law
  • When To Distrust Your Employer
  • Whistleblower Protection

RSS Feed

Subscribe To This Blog’s Feed

Schedule Your Initial Consultation Today

Fill out the form below and give us a brief description of your legal issue. Please note that we do charge a fee for the initial consultation.

While this website provides general information, it does not constitute legal advice. The best way to get guidance on your specific legal issue is to contact a lawyer. To schedule a meeting with an attorney, please call the firm or complete the intake form below.

Colorado Employee Advocates is a law firm that litigates plaintiff employment law claims and provides advice to employees. Please feel free to call our office or submit your information via the form below.

If your legal situation is a situation for which we believe we may be able to provide assistance, we will offer you a confidential legal consultation so we can learn about you and your unique situation, provide you with an analysis of your legal claims, give you legal and practical advice, and discuss ways in which we may be able to offer representation.

Colorado Employee Advocates can sometimes offer to take your case on a contingency fee basis, meaning that if we take your case, you owe us nothing unless we are able to recover for you.

However, except in very rare circumstances, we are not able to offer free consultations. Thus, if we offer you a consultation, you will need to pay for the attorney’s time, which can vary based on the attorney you meet with and the amount of time required for your particular situation.

Office Location

1999 Broadway
Suite 3225
Denver, CO 80202

Colorado Employee Advocates | CEA
Denver Employment Law Office

Phone

720-759-2795
  • Follow
Review Us

© 2026 Colorado Employee Advocates • All Rights Reserved

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw