When employees leave, it is natural to want to protect your business and data. However, state law limits how much you can restrict former workers to safeguard your business interests. Nevertheless, you still have various legal ways to keep your business safe. Here is what you need to know.
What does the law say?
Oklahoma law typically treats agreements that restrain someone from exercising a lawful profession as void. Because of this rule, state courts generally refuse to enforce traditional noncompete agreements against former workers. However, state statutes allow you to use nonsolicitation covenants to protect your established customer base. Under these statutes, you can contract with employees to prohibit them from soliciting your active customers or hiring away your current staff. These rules aim to balance your commercial interests with a worker’s right to earn a living in their chosen field.
What steps can you take to protect your company?
To protect your interests, you can focus on drafting narrow nonsolicitation clauses that target only your established clients. While agreements that prevent former employees from working in your entire industry usually violate state law, confidentiality and nondisclosure agreements usually create contractual obligations that help protect sensitive business information.
Separately, the Oklahoma Uniform Trade Secrets Act provides a statutory remedy if a former employee misappropriates qualifying trade secrets, regardless of whether a written agreement exists. Implementing robust security protocols for digital assets can also prevent unauthorized sharing of your data. Ultimately, these measures provide a solid shield without violating state restraint-of-trade rules.
How an attorney can help
An attorney experienced in commercial litigation can review your current employment contracts to ensure they follow state law. They can write clear agreements that protect your company legally. If a former worker steals trade secrets, an attorney can also help you figure out your legal options.