non-compete clause in Oklahoma (Oklahoma City: attorney, living, legal)

[cynthianaslim]

Hey, ya'll,

I am inquiring about Oklahoma's non-compete clause.

Here's the deal:

I have a buddy who is originally from Kentucky. About a year ago, he moved down to Oklahoma City to work for a family member who owned a business involved in a very specific field. The only other company in the U.S. that is similar to his family's business is also located in Oklahoma City.

Well, my buddy had a falling out with his family member and had to move back here to regroup and decide what he wants to do. Before he left Oklahoma, he inquired about working for the only other business in the US that does what he was used to, there in Oklahoma.

Everything was falling into place for my buddy. The other business gave him a couple of interviews, and they looked like they were going to hire him.

Yesterday, my buddy gets an email from his former employer- his family member- showing him a copy of the non-compete agreement he had signed before working for him. This, to me, seems like an implicit threat, that his family member will try anything in his power to keep him from getting this other job down there in Oklahoma City.

My question is, is there anything my buddy can do? Are these con-compete contracts binding? Are they enforced? What steps do you have to take in order to defeat them?

Has anybody had any experience dealing with non-compete contracts, or ever had to deal with them?

Your comments/expertise would be greatly appreciated.

[colleeng47]

You really don't want to get legal advice on a public forum. I suggest your friend contact an attorney to ask this question. Some courts have found non-compete contracts invalid due to depriving a person from earning a living. Only an attorney in Oklahoma would be familiar with the laws pertaining to that type of contract in this state. Have your friend do himself a favor and seek proper legal advice before he accepts any offer of employment.

[cynthianaslim]

Thanks, ColleenG.

Well, it hasn't become a legal issue yet. I was more inquiring if anyone knew how often these things come up in court and how prevalent they are, so I guess I'm asking something more along the lines of research.

Like, has your average OKC resident heard of it?

[patrickreyn]

there is no non compete in oklahoma. it is a right to work state. the only way a non compete agreement is enforcable in oklahoma is if you are a owner, partner or stockholder in the business