Legal Question in Employment Law in Oklahoma
Validity of a no compete clause?
My current employer says that I signed a"no-compete" clause that prohibits me from contacting any of my clients if I leave the company I currently work for. I rent industrial uniforms right now, and a division of the company sells some clothing direct to customers, but they do not manufacturer the clothing, do silkscreening, or embroidery themselves. I am starting my own promotional product sales co., and they are adament that I do not contact any of my previous clients. I say this is an infringement on my right to provide an adequate income for my family.
1 Answer from Attorneys
Re: Validity of a no compete clause?
15 O.S. �217 is the Oklahoma statute which states that "non-compete" agreements are not favored if they are unreasonable as to "time, geography, or content"; each case need to be reviewed based on the facts, including a copy of your non-compete (if the employer will not guve you a copy, then chances are you do not have to abide by it) for example: if your employer, who sells apples, states you cannot contact any of their customers because you want to start a business selling oranges, then they cannot enforce the non-compete agreement.... where the problem in your case sounds like the Employer sells 'groceries' and 'oranges' are a part of the product list, then you would have to look at how long does this non-compete last... and is the agrrement too restrictive as to the territory it covers. Hopefully this gives you a little information on non-compete agreements... however, every compnay's is different and would have to be reviewed individually.