Legal Question in Business Law in Oklahoma

Non-Compete Agreement

I currently work for a business to business supplier of office consumables (toner and printer sales) they have 10-99d me for the sole purpose to save money, however they house me and pay me a weekly salary, which is followed by a sales commision at the end of every month. My question is this.....

I want to start my own business in the same metro area doing the same thing as my present employer. If i am 10-99, then that means that I am technically a sub-contractor, which would leghally make the customers I have brought in mine. If that is the case, how do I jump from my current company to start my own business without getting sued? Or better yet, I dont mind getting sued if I know they dont have a case. Does a non-compete agreement hold water against a 10-99'd sub-contractor?


Asked on 5/29/07, 5:35 pm

1 Answer from Attorneys
Steve Chlouber Fuller, Chlouber & Frizzell, L.L.P.

Re: Non-Compete Agreement

I non-compete would only be valid, if at all, for "established customers." Any territorial restrictions would be invalid. You would have a good argument that since you were paid as a contractor that the employment agreement was invalid.

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Answered on 5/30/07, 11:17 am


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