Get out of my non compete contract
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Get out of my non compete contract
I currently work for a Corp company. When
hired I had to sign a non compete agreement. I
now want to start my own business providing
the same service. Can I get out of this
contract? I live in Oklahoma and was told that a
non compete doesn’t hold up in my state.
Asked on July 19, 2016 under Employment Labor Law, Oklahoma
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
What you were told is almost correct: there are a few narrow limitations or exceptions, but generally, the law in your state does prohibit (or more technically, make void) agreements which limit an employee's ability to be employeed--including by competitors. So generally, you can do this. The few things, however, which you can't do, if the agreement addresses these points, are:
1) You can't solicit customers or clients of your current employer to go with, buy services, from, etc. you--hands off their customers.
2) You can't actively solict your current co-workers to go work for you, but if they contact you of their own accord, that's ok.
3) Any confidentiality provisions in your non-compete (or other agreement) are fully enforceable, so if there are confidentiality provisions, you can't use propriety or confidential information from the current employer.
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