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 4 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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