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Lucht's Concrete Pumping Inc. v. Horner (PDF) (Co. 2011)

Articles Discussing Case:

Colorado Supreme Court Issues Employer-Friendly Decision in Important Non-Compete Case

Ogletree Deakins • June 07, 2011
On May 31, 2011, the Colorado Supreme Court (sitting en banc) answered an open question in Colorado – whether continued at-will employment is sufficient consideration for a noncompetition agreement entered into after hire. In Lucht’s Concrete Pumping, Inc. v. Horner, the Court reversed the Colorado Court of Appeals and held that continued at-will employment, alone, is sufficient. Because a Colorado employer has a legal right to terminate an at-will employee at any time, the Court held, an employer’s forbearance of termination of at-will employment is adequate consideration for a noncompetition agreement executed after employment has commenced. Lucht’s Concrete Pumping, Inc. v. Horner, No. 09SC627, Colorado Supreme Court (May 31, 2011).

Colorado Supreme Court Says Continued At-Will Employment Is Sufficient Consideration For Noncompetition Agreement

Ogletree Deakins • June 01, 2011
On May 31, 2011, in a decision critical to non-compete law in Colorado, the Colorado Supreme Court issued its holding in Lucht's Concrete Pumping Inc. v. Horner (PDF). I previously blogged about the fluctuating state of Colorado's non-compete law given the decisions below in the Lucht's case -- Colorado Non-Compete Law in Flux (October 7, 2010). For many who have been watching and waiting, The Decision (my sport's reference for the day...go Heat) has arrived, and it's favorable for employers.