Oklahoma Non-Compete Agreements explained

For a term that is used as much as “non compete” I think the details of the agreement and parameters are not well understood. One way I am trying to help in this area is by offering a collection of posts titled “Oklahoma Non-Compete Agreements.” You can find an index to the posts below and watch the video above for a brief explanation of the series.

Over past year I have written several articles about non-compete agreements under Oklahoma law. Below is a collection of the links to each article and a snippet of the article. You can access the full articles from here and also bookmark this page to ensure that you can always access all the articles.

Is my Oklahoma non compete agreement enforceable?
The short answer is that if you are in Oklahoma the non compete agreement it is not enforceable.  With a couple of exceptions, Oklahoma law is clear that an individual is allowed to work in his or her chosen business or industry even if a piece of paper says otherwise.  While competition is allowed, Oklahoma law prohibits a former employee from soliciting the established customers of the former employer.

Two scenarios where a non compete agreement is enforceable
In an article from a few months ago, I wrote about how Oklahoma law categorically invalidates non compete agreements. Oklahoma has made a public policy decision that with a couple of exceptions employees will not be barred from competing. Below are the exceptions to the rule:

Non compete Agreements are still not OK in Oklahoma
I wrote a few months ago about how Oklahoma law prohibits non compete agreements for former employees and touch on exceptions here.  Yesterday, the Oklahoma Court of Civil Appeals reiterated that any agreement which restricts a former employee’s ability to work in the same field as the former employer is void under Oklahoma law.

4 critical points to consider in a non disclosure agreement [before you sign it]
1.      Is the definition of “confidential information” specific enough to be workable?  For the non disclosure agreement to have any value, both sides must understand what is being protected.  I routinely see non disclosure agreements that have wonderfully frightening all inclusive definitions of “Confidential Information.”

Posted by Shawn Roberts

On this blog, I write about and try to answer practical Oklahoma legal questions. My focus and most experience is in estate planning and business issues including Oklahoma non-compete law. I make a living as an attorney in the law firm I founded, Shawn J. Roberts, P.C. in Oklahoma City. I live in Edmond with my wife Amy and my two children, Sam (19) and David (11). We live precisely in the path of where the "wind comes sweeping down the plains."

1 comment

Curtis Lang

I have been working for a company out of Tulsa Oklahoma. I am an Automotive Warranty Rep. for a company located in Pennsylvania.I have been offered a job from a Automotive Finance Company, not in competition with them. My contract states that I cannot call on any customers of the warranty company. The finance company will not hire me, do the fact I cannot call on any of these customers.I am not selling them warranties. Is this legal? I need some kind of written statement showing them it is alright to call on these dealers.
Thank You,
Curt