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I accepted a new job with a non compete clause, i have not…

Customer Question
I accepted a new...

I accepted a new job with a non compete clause, i have not been put on the payroll yet because i have to take a pre employment drug screen, which I have not taken yet. can I go back to my old job without the new company enforcing the non compete

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Im in Oklahoma

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time job, I asked the new employer if There was any negotiating on the no compete, which his answer was no

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I dont think so

Submitted: 4 months ago.Category: Employment Law
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Answered in 2 minutes by:
12/18/2017
Employment Lawyer: Patrick, Esq., Lawyer replied 4 months ago
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 13,891
Experience: Significant experience in all areas of employment law.
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Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

You never know what the other side will claim, but typically when you have not received any benefits from the contract (i.e. employment with this new company), the contract cannot be enforced against you. Furthermore, Oklahoma only permits non-competes which are reasonanable and protect a legitimate business interest. Stopping someone who has NEVER worked for their company from competing is not reasonable nor does it protect a legitimate interest, so on this basis as well you would have grounds to fight enforcement of the non-compete. On top of all this, many employers never go on to figure out that you have started working for a competitor. And finally, even if they do find out, most employers will realize it is not worth their time and money to sue you if they haven't suffered serious damages as a result of your competing.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

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Employment Lawyer: Patrick, Esq., Lawyer replied 4 months ago

Hello again,

I just wanted to followup because this question was still open and I have not heard back from you. Was there anything more I can do to assist you? Did you get a chance to review my answer to your question? Please let me know....

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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