Oklahoma Noncompete Agreement: What's Included and Enforceability

Quick Facts — Noncompete Agreement Lawyers

Is a Non-Compete Agreement Enforceable in Oklahoma?

In Oklahoma, non-compete agreements used for restricting a former employee from working in the same business as the employer are prohibited and unenforceable. According to Oklahoma law, any contract by which any one is restrained from exercising a lawful profession, trade or business of any kind, is void.

However, non-compete agreements are permitted when selling a business or when dissolving a partnership. These agreements prevent the business seller or the partners from carrying on a similar business after the sale or dissolution of the business entity. Although these contracts are permitted, they must follow certain laws and restrictions.

Are Out of State Non-Compete Agreements Enforceable in Oklahoma?

No. Any employee who is working in the state of Oklahoma has the right to work in their chosen industry even if a non-compete agreement signed in another state says otherwise. In addition, employers in Oklahoma cannot choose a different state law to govern a non-compete contract.

How Long Does an Oklahoma Non-Compete Agreement Last?

The Oklahoma Supreme Court has ruled that non-competes used for selling businesses or dissolving partnerships can last up to five years. Any non-compete agreements longer than this will most likely be ruled unreasonable and unenforceable.

What Voids an Oklahoma Non-Compete Agreement?

Oklahoma non-compete agreements must adhere to specific regulations, or the contract will be void. Some of these laws include:

  1. A non-compete agreement must contain an offer, acceptance of the offer, and consideration to be a valid contract.
  2. Non-compete agreements must include a geographical boundary that tells the other party where they cannot conduct business. In Oklahoma, the boundary should only cover counties, cities or towns in which the business operates.
  3. All contracts must be entered into voluntarily. Contracts that are signed due to coercion, threat, or fraud will be deemed void and unenforceable.

Frequently Asked Questions

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Zachary D. on ContractsCounsel
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Zachary D.

Business Lawyer
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Holladay, UT
17 Yrs Experience
Licensed in OK ID, MT, UT, WY
The George Washington University Law School

Helping small business owners meet their legal needs.

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Alan B.

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Tulsa, OK
12 Yrs Experience
Licensed in OK MO, MS
University of Tulsa College of Law

At Barker Law, we provide clients with superior service in trust, probate, and estate matters and litigation, contract drafting and review, outside general counsel services, negotiation, commercial litigation, and regulatory navigation. We confidently handle transactional and regulatory matters for businesses and individuals. As our feedback shows, we excel at meeting and exceeding our clients needs.

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September 11, 2023

Opeoluwa O.

Business Lawyer
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Oklahoma
6 Yrs Experience
Licensed in OK
University of Oklahoma College of Law

I am a seasoned lawyer from Tulsa, Oklahoma. I have a passion for the intricacies of business law, and I have a specialized focus in assisting personal, real estate, and medical marijuana businesses in navigating the complex legal landscape and drafting various transactional documents, such as operating agreements, purchase contracts, real estate contracts, and many more.

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William B.

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Presently, I am a civil rights and insurance litigation attorney with a focus on representation government entities. Prior to this, I’ve represented some of the largest financial institutions in the world in litigation.

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Kchris G.

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My name is Kchris Griffin. I am an licensed attorney practicing Family and Civil Law in Oklahoma. My goal is to help those in need with receiving efficient and effective legal services.

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Robert P.

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With decades of experience as a global general counsel, I’ve worked in over 20 countries, navigating complex legal landscapes and delivering strategic solutions across diverse industries. My career has centered on mitigating risks, ensuring compliance, and facilitating high-stakes transactions—always with a focus on practical, business-oriented advice. Now, I bring that expertise to my boutique consultancy, where I help businesses tackle their most pressing legal and operational challenges, whether it’s navigating cross-border regulations, strengthening corporate governance, or driving sustainable growth. Clients choose me because I offer a blend of global perspective, deep legal acumen, and a proven track record of delivering results under pressure. I don’t just provide answers—I craft solutions that empower businesses to thrive in an increasingly complex world." I’ve navigated complex legal landscapes and delivered strategic solutions across diverse industries. My career has centered on mitigating risks, ensuring compliance, foreign subsidiary formation and governance—always with a focus on practical, business-oriented advice. I offer a blend of global perspective, deep legal acumen, and a proven track record of delivering results under pressure.

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Employer

Noncompete Agreement

Connecticut

Asked on Jul 13, 2023

Can a noncompete agreement be waived?

I am a small business owner in the retail industry and I am looking to hire a new employee. The employee has a noncompete agreement with their previous employer that I am concerned about. I want to know if it's possible for the agreement to be waived so that I can be sure I'm making the right decision in hiring this employee.

Thomas L.

Answered Jul 21, 2023

Yes, the parties to contracts can always agree to amendments and waivers. However, the former employer may have no interest in waiving the contract in this particular situation.

Read 1 attorney answer>

Employee Rights

Noncompete Agreement

New York

Asked on Dec 5, 2024

Can my employer enforce a non-compete agreement I signed even though I was not provided any additional compensation or benefits in return?

I recently started a new job and was asked to sign a non-compete agreement as a condition of employment. However, I just found out from a colleague that my employer has been enforcing the non-compete agreement against former employees and preventing them from working in similar roles at competing companies. I am concerned because I was not given any additional compensation or benefits in exchange for signing the agreement, and I believe it may be unfair and potentially unenforceable. Can my employer legally enforce the non-compete agreement even though I did not receive any additional compensation or benefits in return?

Damien B.

Answered Dec 6, 2024

Hello! Generally, New York courts require that a non-compete agreement be supported by adequate consideration. If the agreement is signed at the beginning of employment, the job itself may serve as adequate consideration. However, if the non-compete is signed after employment begins, the employer may need to offer additional benefits, such as a raise or promotion, for the agreement to be enforceable. There are other defenses against enforcement. For a non-compete agreement to be enforceable, it must be reasonable in terms of duration, geographic scope, and the scope of activities it restricts. A court will evaluate whether the agreement is necessary to protect the employer’s legitimate business interests, such as confidential information or customer relationships. If not, a court could rule the noncompete is not enforceable.

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Employee Rights

Noncompete Agreement

Washington

Asked on Jan 19, 2025

Can my employer enforce a non-compete agreement if I was laid off due to COVID-19?

Can my former employer legally enforce the non-compete agreement I signed when I was hired, considering I was recently laid off due to the economic impact of COVID-19 and the agreement seems to restrict my ability to find new employment in my field? I have been actively seeking new job opportunities in the same industry, but potential employers are hesitant to hire me due to the non-compete agreement, which restricts me from working for competitors or starting my own business in the same field for a certain period of time. I want to understand if the non-compete agreement is still valid and enforceable given the circumstances of my layoff and the current job market conditions.

Merry K.

Answered Jan 28, 2025

I'm sorry, but your question is impossible to answer without reviewing your contract and knowing more about your type of job and compensation. Be aware that terms in such agreements are often found to be non-enforceable. You can start by reviewing the Washington State law on point: https://app.leg.wa.gov/rcw/default.aspx?cite=49.62&full=true

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Employment

Noncompete Agreement

Delaware

Asked on Dec 12, 2023

Employee contract, such as non compete/non solicit, could having this contract ever result in criminal/jail time?

If someone accuses you of fraud, because they believe you never had intended to honor your employment contract such as non-compete/non-solicit. Could this ever become a criminal case, resulting in criminal/jail time?

Matthew S.

Answered Dec 16, 2023

No, at worst, it is a breach of a contract which is a civil matter to be handled in civil court.

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Employment

Noncompete Agreement

New Jersey

Asked on Apr 15, 2021

Can I work for a competitor with my current noncompete?

I have ended my non competent consulting agreement with my current employee and I have an offer to work as an employer “not as consultant” with a competitor company to my privious employees so can I work as an employee without any problem? The consultant agreement says the following: Under any circumstances the consultant shall not engage directly or indirectly either as a principal agent , consultant,stock holder , partner or in any other capacity whatsoever have any other relationship with any business which compete with the company in USA.

Jane C.

Answered Apr 16, 2021

I suggest that you have an attorney review the entire agreement. It is hard to comment reading a paragraph taken out of context. From the limited facts you present, it seems that you cannot accept this job offer without violating the terms of the non-compete. Disclaimer - This information is provided for general informational purposes only. No information contained in this post should be construed as legal advice and does not establish an attorney-client relationship.

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