View Full Version : Need some career advice.



BradR
05-16-2008, 09:57 PM
Actually I need to know how Oklahoma law handles non-compete contracts. I have one with my company but they have refused to help me gain more business in this area in nearly 3 years, and in that time my work has been cut down to less than 1/3 what it was and I am now the ONLY employee of the entire corporation in Oklahoma. I was wondering if anyone here has any legal knowledge of how strong these contracts are if I were to work for the competition.

Thanks for any advice, and feel free to ask if you need more info.

Karried
05-16-2008, 10:19 PM
We briefly touched on this subject here:

http://www.okctalk.com/oklahoma-law/11896-non-compete.html

Karried
05-16-2008, 10:21 PM
And here too:

http://www.okctalk.com/oklahoma-law/8727-employment-agreement.html

BradR
05-17-2008, 07:11 AM
Thanks,guess I should've used that fancy search button first!

Karried
05-17-2008, 08:19 AM
That's okay Brad.....some threads are so buried, it's hard to find what you're looking for .. but i did remember a similar subject so I looked it up & thought you could find some good info there.

Did you find any answers to your dilemma?

BradR
05-17-2008, 02:42 PM
Well some say they're no good in Oklahoma no matter what, others say they can be. I think if it comes down to it I'm just going to be 100% up front with both companies and what I plan to do, that way at least I don't have to cover my tracks and hopefully they'll appreciate the honesty. I really don't think they will cause a fuss, because they're actually losing money by paying my salary up here with how little work there is for me.

Karried
05-17-2008, 04:15 PM
Well, that could go one of two ways... either they appreciate your honesty or get pissed off.. how well do you know the owners/management?

Or, what if you give your two week notice and go do your thing, putting the burden on them to do the leg work, track you down and prove that you've opened a competing business?

Unless of course you are planning on taking all of your current customers with you? Then that might be a problem.

It's hard to say without all the info... I agree with Midtowner, maybe ask an attorney to look over your contract before you make any moves.

BradR
05-17-2008, 04:18 PM
Well I don't *plan* on taking my business with me but I don't doubt that they will...so that's why I want to be up front. I know the management well and they know that I'm a good employee that isn't being given the opportunities I should, they comment on it every time I speak with them, and also comment on how they want me to move out of state which just ain't happenin'!

We'll see how it goes, I'm not going to say anything to my current employer until I've gotten a for sure offer of employment with the other company (who already know about the non-compete contract).

OKCMallen
05-29-2008, 09:09 AM
Well some say they're no good in Oklahoma no matter what, others say they can be. I think if it comes down to it I'm just going to be 100% up front with both companies and what I plan to do, that way at least I don't have to cover my tracks and hopefully they'll appreciate the honesty. I really don't think they will cause a fuss, because they're actually losing money by paying my salary up here with how little work there is for me.

Non-competes are largely unenforceable in OKlahoma now.

OSCN Found Document:Non-Compete Employment Contracts (http://www.oscn.net/applications/oscn/deliverdocument.asp?id=274932&hits=407+406+166+165+)

basically, you can do whatever you want as long as you don't "directly solicit the sale of goods, services or a combination of goods and services from the established customers of the former employer. "

Compete all you want, just don't steal customers (but they can come to you).

BradR
05-29-2008, 11:27 AM
Thanks...I'll just have to wait and see what happens. Right now I'm still getting my full salary even though I only work about 2hrs a day, so I'm just going to coast on that until they either get fed up with it or expand my business.

Mr Hiram Abiff
11-01-2008, 08:57 PM
Regarding non-compete agreements, consult an attorney.
The following is an opinion and is not legal advice.
Don't read it. It makes far too much sense to talk to an attorney.

<hr>


It depends on a few things. For example, have you about $14,000 available to help through being sued? If not, play it safe and find something else to do.

If you are risky, ask yourself: "Is this the only craft I know?"
If so, then there is little a former employer can do to stop you from competing with them. Of course, they can sue you as a way to increase your expenses (in the cost of defending yourself) and drive you out of business. It's one of the black arts they don't teach in Business School.

Where people tend to get into trouble is when they take information proprietary to the former employer with them out the door. Don't do it.

So, if you should ever doubt about sending that product idea, document template, quality manuals, or customer list without receiving approval from a company representative to your home email address, don't do it.

So, what if it's just a few things we talked about at work, like meeting notes?
Don't do it.

It's hard to come up with something new to compete fairly with a former employer, but then that's why you quit anyway right? You thought you could do it better. Right?

I have walked this path. If you want to compete, take these classes at a local college:
1. Business Finance
2. Marketing Research
3. How to use Microsoft Office
4. Quick Books
5. Small Business Administration Courses on the paperwork of a small business.
6. Writing a business plan.

By the time you finish this introductory training to business, your non-compete clause may have expired and you may be in the clear.

:iagree:

BradR
12-03-2008, 03:47 PM
i've just stuck it out with this company, they have changed quite a few things and it's going well right now

thanks for the advice though