Plaintiff brings an action for a declaratory judgment arguing that he/she has fulfilled certain contractual duties and is now free from a non-competition restriction placed upon him/her in the contract.
Oklahoma Complaint For Declaratory Judgment Of Validity of Separate Noncompetition Agreements
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How to fill out Complaint For Declaratory Judgment Of Validity Of Separate Noncompetition Agreements?
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The short answer is that if you are in Oklahoma the non compete agreement it is not enforceable. With a couple of exceptions, Oklahoma law is clear that an individual is allowed to work in his or her chosen business or industry even if a piece of paper says otherwise.
The essence of a breach of contract claim is that a party did not do what they promised to do in spite of the agreement. This could entail any number of actions, including failing to deliver supplies you purchased or failing to pay you for work you completed.
2001 § 219A prohibits employers from binding employees to agreements which bar their ability to find gainful employment in the same business or industry as that of the employer.
The short answer is that if you are in Oklahoma the non compete agreement it is not enforceable. With a couple of exceptions, Oklahoma law is clear that an individual is allowed to work in his or her chosen business or industry even if a piece of paper says otherwise.
While the general enforceability of traditional non-compete agreements between a company and an employee is relatively straightforward in Oklahoma, the enforceability of non-solicitation or no-poaching agreements between two employers is less than certain and subject to debate.
Generally, signing a non-compete agreement is a condition of employment. Exchanging ?employment? for the signature on the agreement is what makes most non-compete agreements have ?valid consideration.? This is why most employers will have you sign the agreement before they officially hire you.
Section 219A provides that where an employee has executed a covenant not to compete with the employer, the employee ?shall be permitted to engage in the same business as that conducted by the former employer as long as the former employee does not directly solicit the sale of goods, services or a combination of goods ...