Non-Solicitation Clauses in Oklahoma: The Statutory Exception

Oklahoma's General Ban with a Non-Solicitation Exception

Oklahoma is one of the most restrictive states for non-competes. Oklahoma Statutes Title 15, Section 217 broadly prohibits agreements that restrain anyone from exercising a lawful profession, trade, or business. However, the statute carves out a specific exception for non-solicitation: employers may prohibit former employees from directly soliciting the sale of goods or services from the employer's established customers.

What the Exception Allows

The key language in Section 217 permits a restriction on "directly" soliciting established customers. This means:

• Direct solicitation is restrictable: An employer can prevent you from proactively reaching out to their established customers to sell competing products or services
• Indirect solicitation may not be covered: General advertising, marketing to the public, or accepting inbound business from customers who contact you on their own may fall outside the prohibition
• "Established customers" is the limit: The restriction applies only to customers who had an existing relationship with the employer, not prospective leads

Strict Interpretation

Oklahoma courts strictly construe this exception. In Loewen Group International v. Haberichter and other cases, courts have emphasized that:

• The restriction must be limited to direct solicitation, not all contact
• The clause cannot function as a broader non-compete
• Ambiguities are resolved in favor of the employee's right to work

Red Flags

• Language broader than "direct solicitation" of established customers
• A clause that prevents you from accepting business from former customers who approach you
• Restrictions on soliciting prospective customers (not just established ones)
• A clause that effectively prevents all competitive activity
• Duration that extends beyond what is reasonable (Oklahoma does not specify a statutory time limit, but courts apply reasonableness)

When to Consult a Lawyer

Consider consulting an Oklahoma employment attorney if your non-solicitation clause extends beyond direct solicitation of established customers, if you are starting a competing business and need to understand the boundaries of permissible marketing, or if a former employer is asserting a violation.

This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance specific to your situation.