Find the right track for analyzing your Oklahoma non-compete agreement
Have you wondered if there is an easier path to begin the analysis of an Oklahoma non-compete agreement? If so, you are in luck.
I have written extensively about Oklahoma non-compete agreements, non-solicitation agreements, non-disclosure agreements and related competition documents. Recently, it ocurred to me that there is a better to explain how Oklahoma competition law fits together.
Oklahoma public policy is decisively against non-compete agreements . . . that limit employees. This directly in contrast to a couple of other areas where Oklahoma public policy expressly allows non-compete agreements. Those areas are when partners make an agreement about how to handle the break-up of a partnership and if the goodwill of a business is sold.
Determining whether you fit into to the first or second scenario is about 99% of the battle in determining whether the non-compete restriction will be enforceable. To best understand Oklahoma competition law, think of an analysis moving across two tracks:
- Were you an employee when you signed the restrictive agreement?
- Were you an owner of a business when you signed the written agreement?