Green Mountain High Case Study

Words: 833
Pages: 4

QUESTION PRESENTED

Green Mountain High’s non-compete encompasses six states and the entire cannabis industry in those states. Under Colorado’s non-compete statute former Green Mountain High employee Thomas Marin falls within one of the four enforceability exceptions. Colorado common law requires that even if an employee falls within one of the non-compete exceptions, the non-compete is not enforceable if it does not pass the test of reasonableness. Under Colorado, common law is Green Mountain High’s non-compete reasonable regarding both duration and geographic scope.

SHORT ANSWER

Green Mountain High will most likely not be able to enforce the non-compete agreement that his former employee Thomas Marin signed because although it meets the executive and management
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The majority of Green Mountain High’s business comes from within a small geographic radius- approximately two to five miles from their location. Although they do have tourists who come through, their core customers are locals.

On October 13, 2012, Green Mountain High, hired Thomas Marin as its cultivation supervisor. During the hiring process, Mr. Marin signed a non-compete agreement stating that if he were to quit or if Green Mountain High were to fire him, he could not work in the cannabis industry in Colorado, New Mexico, Arizona, Wyoming, Utah or Kansas for a period of two years.

Green Mountain High hired Mr. Marin between the ages of 20-22 years old and he worked for them for the last five years. Prior to his employment at Green Mountain High, he did basic construction labor for an unknown amount of time as well as grew illegal marijuana in his home. After five years as the cultivation supervisor at Green Mountain High, Mr. Marin quit and immediately began working at a competitor, Sweet N’ Sticky, roughly ten miles away from Green Mountain High’s location.