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Moreover, non-compete agreements are restricted or prohibited entirely in a few U.S. states, including California.
The term of a noncompetition agreement may not exceed 12 months from the date of the employee's termination. The remainder of a term of a noncompetition agreement in excess of 12 months is void and may not be enforced by a court of this state.
Potential Non-Compete problem areas Virginia has several traps for the unwary: Virginia courts will not enforce a non-compete that restricts an employee from working in any capacity for a competitor. To be enforceable, the non-compete must be limited to the type of activity that could harm the employer.
Non-compete agreements are enforceable in most states, but they must be reasonable, not overly restrictive, and often must serve a legitimate purpose for the employer. If you ignore a non-compete agreement, you risk being sued by your former employer.
Noncompetes prohibit employees from working for corporate competitors or opening their own competing business within a geographic area for a certain period of time after they leave a company.
North Dakota allows businesses to protect trade secrets, but it does not allow non-compete contracts, although the line between a trade secret and simply a similar line of work can sometimes be blurry.
The short answer is that if you are in Oklahoma 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.
How to Deal with a Non-Compete Agreement Talk to a Lawyer. ... Consider the Scope of the Agreement. ... Limit the Scope of the Agreement. ... Exclude Certain Activities from the Agreement. ... Negotiate a ?Severance Package? in Exchange for Signing the Agreement. ... Don't Sign the Agreement If You Disagree or Don't Understand It.