Oklahoma Employee Agreement with Covenant not to Compete

State:
Multi-State
Control #:
US-OG-999
Format:
Word; 
Rich Text
Instant download

Description

This form is an employment agreement with covenant not to compete.

Oklahoma Employee Agreement with Covenant not to Compete is a legal contract that outlines the terms and conditions between an employer and employee regarding post-employment restrictions. This agreement aims to protect the employer's business interests by preventing the employee from engaging in activities that may compete with their business or disclose sensitive information. In Oklahoma, there are different types of Employee Agreements with Covenant not to Compete that employers may use, including: 1. General Employee Agreement with Covenant not to Compete: This is the most common type of agreement used in Oklahoma. It prohibits an employee from directly competing with the employer's business within a certain geographic area and for a specified period after termination of employment. 2. Sales Representative Agreement with Covenant not to Compete: This agreement is often utilized for employees who work as sales representatives or agents. It restricts them from engaging in similar sales activities or representing a competitor within a defined territory and timeframe. 3. Confidentiality and Non-Compete Agreement: This type of agreement combines both non-disclosure and non-compete clauses. It not only prevents employees from competing with the employer but also prohibits them from disclosing any confidential or proprietary information to a competitor. When drafting an Oklahoma Employee Agreement with Covenant not to Compete, several essential elements should be addressed. These may include: a. Non-compete clause: Clearly define the employee's obligations regarding competitive activities, such as starting a similar business, working for a competitor, or soliciting clients/customers, both during and after employment termination. b. Geographic and time limitations: Specify the geographic scope and duration of the non-compete restrictions. Typically, this includes a specific distance or area around the employer's main office or operational locations, as well as a timeframe (e.g., 6 months, 1 year) after employment termination. c. Consideration: It is crucial to include a provision that offers the employee something of value in exchange for signing the agreement. This could be monetary compensation, access to trade secrets, specialized training, or other benefits. d. Severability clause: In the event that any provision of the agreement is deemed unenforceable or unreasonable by a court, a severability clause ensures that the remaining terms remain valid and enforceable. e. Scope of restricted activities: Clearly define the specific activities that the employee is restricted from engaging in. This may include soliciting clients, employees, or suppliers, using confidential information, or providing services similar to those offered by the employer. Overall, an Oklahoma Employee Agreement with Covenant not to Compete is crucial for employers seeking to safeguard their business interests. It is recommended to consult with an attorney to ensure that the agreement adheres to Oklahoma labor laws and is tailored to the specific needs and circumstances of the employer-employee relationship.

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FAQ

The well-known general rule is that a covenant not to compete is only enforceable if its terms are reasonable and necessary to protect the legitimate business interests of the employer.

A restrictive covenant only designed to restrict competition in itself will not be enforceable. The restriction must also be necessary to protect an employer's confidential information, trade secrets or contacts and to prevent a former employee using these for their own, or a competitor's, unfair advantage against you.

The short answer is that if you are in Oklahoma 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.

If a non-compete clause does not exceed three months in duration, existing English law limitations on enforceability will still apply; in other words, the non-compete will be unenforceable unless shown to extend no further than is reasonably necessary to protect the employer's legitimate business interests.

No matter what's in your contract, your old employer can't stop you taking a new job unless it could lose them money. For example if you might: take customers to your new employer when you leave. start a competing business in the same local area.

A restrictive covenant will generally be enforceable between the original contracting parties as a matter of contract. There can be situations where this is not so, for example, where: The covenant is too uncertain or ambiguous to be capable of enforcement.

Covenants not to compete are frequently enforced to prevent a former employee from soliciting his or her former customers to buy competing products or services from the new employer.

California law bars covenants not to compete in nearly all circumstances.

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The short answer is that if you are in Oklahoma it is not enforceable. With a couple of exceptions, Oklahoma law is clear that an individual is allowed to work ... Oklahoma has made a public policy decision that with a couple of exceptions employees will not be barred from competing. Below are the exceptions to the rule:.May 6, 2022 — A Non-Competition Clause in Oklahoma is a contract between a business and its employee. You may have signed a covenant not to compete when ... Jan 21, 2017 — Assuming that the sale of goodwill exception applies to a particular transaction, under Oklahoma law, a covenant not to compete may cover “a ... Aug 9, 2023 — The purpose of non-compete agreements is to limit a party's ability to engage in unfair competitive activities. Jun 14, 2018 — Topics include: The enforceability of non-compete, no-solicitation and no-poaching agreements in Oklahoma and other states; Best practices for ... A non-compete agreement is a contract where an employee agrees not to compete with an employer after the employment period is over. A Q&A guide to non-compete agreements between employers and employees for private employers in Oklahoma. This Q&A addresses enforcement and drafting ... May 30, 2013 — Oklahoma recently passed a new law (Senate Bill 1031) that clarifies the enforceability of non-solicitation of employee covenants within the ... Under Oklahoma law, A person who makes an agreement with an employer, whether in writing or verbally, not to compete with the employer after the employment ...

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Oklahoma Employee Agreement with Covenant not to Compete