Non-Compete Laws in Oklahoma
Not enforceable
Oklahoma bans non-compete agreements. Employers may restrict former employees from directly soliciting established customers, but cannot prevent them from working for a competitor or starting a competing business.
Key details
| Enforceability | Not enforceable |
|---|---|
| Blue pencil doctrine | No |
| Key statute | Okl. Stat. §15-219A |
Exceptions and special circumstances
Employers may restrict former employees from directly soliciting the employer's established customers.
What this means for you
If you signed a non-compete in Oklahoma, the non-compete portion is void. However, your employer may still enforce a non-solicitation clause related to established customers.
Non-compete laws in Oklahoma: what you need to know
Oklahoma prohibits non-compete agreements under Title 15, Section 219A of the Oklahoma Statutes. The law is clear: an employer cannot prevent a former employee from working for a competitor or starting a competing business. Oklahoma views non-competes as an unreasonable restraint on trade and has maintained this position consistently through its statutory framework.
There is one important nuance that distinguishes Oklahoma from states with absolute bans. While an employer cannot prevent you from working for a competitor, Oklahoma law does permit employers to restrict a former employee from directly soliciting the employer's established customers. This means your former employer can require you not to actively reach out to their existing clients, but they cannot prevent those clients from choosing to follow you on their own.
The distinction between a non-compete and a non-solicitation of established customers matters in practice. If you leave your employer and start working for a competitor, your former employer cannot sue you for competing. But if you take a client list and start calling those clients to move their business, you may be in violation of a valid non-solicitation restriction. The line can be fuzzy, particularly in industries where client relationships are central to the business.
Oklahoma courts have consistently upheld the state's anti-non-compete stance, even when employers have tried to use choice-of-law provisions to apply the laws of other states. In most cases, Oklahoma courts will apply Oklahoma law to employment relationships that are substantially connected to Oklahoma, regardless of what the contract says about governing law.
If you are an Oklahoma worker who signed a non-compete, the non-compete portion of your agreement is void. You are free to work for any employer in any industry. If your former employer is threatening to enforce a non-compete against you, consult an employment attorney. You may have legal remedies if your employer retaliates against you based on a void agreement.
More Oklahoma workplace laws
Check other workplace law topics for Oklahoma:
Frequently asked questions about non-compete laws in Oklahoma
Yes, non-compete agreements that prevent you from working for a competitor or starting a competing business are void in Oklahoma. However, your employer may still restrict you from directly soliciting their established customers.
A non-compete prevents you from working for a competitor or in a competing business. A non-solicitation prevents you from actively reaching out to your former employer's established customers. In Oklahoma, non-competes are void but limited non-solicitation agreements targeting established customers may be enforceable.
Oklahoma courts have generally applied Oklahoma law to employment relationships substantially connected to Oklahoma, even when the contract specifies another state's law. If you live and work in Oklahoma, your employer will likely have difficulty enforcing a non-compete by choosing another state's law.
The statute broadly applies to agreements that restrain trade, which includes independent contractor agreements. If you work as an independent contractor in Oklahoma, a non-compete clause is likely void.
Your employer can restrict you from soliciting their established customers, but they cannot prevent customers from contacting you on their own. The restriction only applies to active solicitation by you, not to customers who independently choose to do business with you at your new position.