The short answer is that if you are in Oklahoma the non-compete agreement is not enforceable (Title 15 O.S. section 219.A.).
With a couple of exceptions, Oklahoma law is clear that a former employee 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.
An employer who invest its’ resources in training an employee and has disclosed confidential information to the employee still has ways to protect itself. A strong employment agreement providing protection for confidential information and trade secrets goes a long way to protect an employer’s interest.
To sum it up, a former employee can compete against his former employer. However, he cannot do it using the employer’s confidential information or established clients.
If you have questions about Oklahoma non-compete agreements from either the employee or employer perspective, please feel free to email or call me. I have worked with both employers and employees so I understand the issues from both directions.
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