How to Enforce a Non-Compete Agreement in Oklahoma

Trying to enforce a non-compete agreement in Tulsa County can be challenging, as Oklahoma law generally disfavors restrictions on employment. Non-compete agreements are a common tool that businesses use to protect their confidential information, trade secrets, and customer relationships from unfair competition. If you are a business owner or employer looking to enforce a non-compete clause, then understanding Oklahoma’s legal framework and the steps required to uphold such agreements is essential.

Are Non-Compete Agreements Enforceable in Oklahoma?

Oklahoma has some of the strictest laws against non-compete agreements in the country. Under Oklahoma law, non-compete clauses that prevent an employee from working for a competitor after leaving their job are generally unenforceable. The law prioritizes an individual’s right to earn a living over an employer’s interest in restricting competition.

However, Oklahoma does allow limited types of restrictive covenants, such as:

• Non-Solicitation Agreements – Employers can prohibit former employees from soliciting the company’s customers, clients, or employees.
• Confidentiality and Trade Secret Protections – Employers can prevent employees from using or disclosing proprietary business information.
• Non-Compete Agreements in Business Sales – If someone sells their business, then they may be restricted from competing with the buyer for a reasonable time.

If a non-compete agreement extends beyond these permissible restrictions, it is likely unenforceable in Oklahoma courts.

Steps to Enforce a Non-Compete Agreement in Tulsa

If you believe a former employee is violating a legally valid non-compete clause, you may take the following steps:

A. Review the Agreement for Enforceability

Before taking legal action, determine whether the non-compete clause falls within Oklahoma’s legal restrictions, as courts will only enforce agreements that:

• Are narrowly tailored to protect legitimate business interests.
• Restrict the former employee only from soliciting customers or employees but do not prevent them from working in their field.
• Are reasonable in scope and duration (e.g., a one-year non-solicitation restriction is more enforceable than a five-year ban).

If your agreement completely prohibits competition, it is likely void under state law.

B. Gather Evidence of the Violation

To enforce a non-compete agreement, you must prove that the former employee has:

• Contacted your customers or clients in violation of a non-solicitation agreement.
• Used or disclosed trade secrets obtained during their employment.
• Recruited your employees to join a competitor.

Evidence may include emails, witness testimony, business records, or customer complaints.

C. Send a Cease and Desist Letter

If you have evidence that the former employee is violating the agreement, send a formal cease and desist letter outlining:

• The specific violations of the agreement.
• A demand to stop the prohibited activity immediately.
• Potential legal consequences if they fail to comply.

Many disputes can be resolved without litigation if the employee agrees to comply after receiving legal notice.

D. File a Lawsuit in District Court

However, if the former employee refuses to comply, you may file a civil lawsuit in Oklahoma District or in Federal Court. Legal remedies may include:

• Injunctions – A court order that stops the former employee from engaging in prohibited activities.
• Monetary Damages – Compensation for financial losses caused by the violation.
• Attorney’s Fees – If allowed under the agreement, then you may recover legal costs.

Keep in mind that Oklahoma courts scrutinize non-compete agreements, so your lawsuit must focus on enforceable restrictions such as customer non-solicitation and trade secret protection.

Tulsa Oklahoma Business Law Attorneys

While Oklahoma law limits non-compete agreements, employers can still protect their business through enforceable restrictions, such as non-solicitation agreements and trade secret protections. If you need to enforce a restrictive covenant, contact the Oklahoma business law attorneys at Kania Law Office by calling us at (918)–743-2233 or online.