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There are now five states that outright ban virtually all non-competes, i.e., California, Colorado, Minnesota, North Dakota and Oklahoma. These laws have just very narrow exceptions, such as for certain sales of businesses.
How should I write a Noncompete Agreement? Duration. How long the agreement lasts. Usually, the terms are six months to a few years. ... Geography. If the business is local, you may define a specific area that is restricted. ... Scope. This part of the agreement should be specific to stand up in court.
Courts often will not enforce non-competes if the duration of the non-compete is too long, if the geographic scope where the employee is prevented from working is too wide, or if the types of work being prohibited are too broad.
Typically, the only way to fight a non-compete agreement is to go to court. If you are an employee (or former employee) who signed such an agreement, this means you must violate the agreement and wait to be sued. It may be that your former employer has never sued another employee to enforce the non-compete agreement.
The Employee specifically agrees that for a period of _____ [months/years] after the Employee is no longer employed by the Company, the Employee will not engage, directly or indirectly, either as proprietor, stockholder, partner, officer, employee or otherwise, in the same or similar activities as were performed for ...
Voiding a non-compete contract is possible in certain circumstances such as proving you never signed it or the contract is against the public interest.
(c) [Employee name] agrees not to set up in business as a direct competitor of [company name] within a radius of [number] miles of [company name and location] for a period of [number and measure of time (e.g., ?four months? or ?10 years?)] following the expiration or termination of this agreement.
The short answer is that if you are in Oklahoma the non compete agreement it is not enforceable. With a couple of exceptions, Oklahoma law is clear that an individual is allowed to work in his or her chosen business or industry even if a piece of paper says otherwise.