I was wondering if non-compete agreements we enforceable in OK for franchisees?

Thank you for reading the article and your kind words.

If you did not do anything to solicit the client and the client truly sought you out for work, then Oklahoma law probably does not prevent the client from working with you.

Obviously, a written contract might change the outcome here, but generally Oklahoma law does not prevent the client from working with their contractor or business of choice.

While I can’t give you specific advice on your situation, this is generally how I look at it.

One more thing: it sounds like you found this article valuable and something you didn’t know. I am sure that there are many other people out there in your situation. Would you share it with your friends in Linkedin, Twitter or other places where you connect with people?

If an established client comes to you after you’ve left a company and wants to work with you would that be alright? As long as they made the initial contact in wanting to work with you?

Thank you very much for reading my blog and taking the time to leave a comment. It is very nice to know that people read and are helped by the material that I posted.

I can’t give you any comment on your specific situation unless you hire me as your attorney and provide me with the documents you have signed to look at.

However, as a general response to your questions it seems clear to me that Oklahoma law allows noncompete agreements only in a couple of specific situations (selling the goodwill of a business or when a partnership breaks up). Whether Oklahoma law controls in your situation would be an issue raised on the contract you signed, to a small degree the physical location you perform the work and ultimately if the matter goes to court what the courts determine.

Also, typically (but not always) employers with employees in multiple states try to standardize the law that controls the relationships for all employees (meaning same state’s law for all employees).

If you would like to discuss the situation further and need more specific advice please feel free to send me an e-mail and we can discuss performing an attorney-client relationship.

Again, thank you for your comment.

Shawn

i understand from your great site here, that Oklahoma is a right to work state and in most cases non-competes are not enforceable. Would the same apply for me since my employer is actually in Florida? I really appreciate your input on this issue…

I appreciate you reading my blog and taking the time to post a comment. To be able to give you a specific answer on this question, I will need a few more facts and for you to hire as your attorney. I need to see the OESC documentation as well as the employment agreement that is at issue.

Generally, Oklahoma courts will not enforce non-compete clauses except in a few specific circumstances.

If you would like to hire to review this project and provide you with a written opinion, please let me know.

Shawn

Under Oklahoma law, can an employer who attempts to force an employee to sign an unenforceable no-complete (i.e. contradicting the Title 15, Chapter 4, Section 219A) be construed to be forcing an employee to partake in “illegal activity”?

You’re website refers to D’Sa v. Playhut, Inc. (Cal. Ct. App. December 22, 2000). Where the Court of Appeal in Los Angeles held that forcing the employee to sign an unenforceable anti-competition agreement violates public policy…It makes no difference that the illegal clause would not be enforced…Forcing the employee to sign it was in itself unlawful”.

Would OK courts agree with this interpretation?

In a current case, the OESC Appeal Tribunal held that: “It is unreasonable for the employer to force the claimant to sign an agreement that is even partially illegal as a matter of law…Claimant’s job separation was the result of his exercising his right not to be required to partake in illegal activity”.

Do you know of any OK cases where that view has been upheld? The case has been appealed by the employer. I would appreciate any comments you might make on this matter. Thanks so much. I really like your website and find it very informative.