An anti-solicitation agreement is an agreement by an employee, following termination of his employment, to not attempt to induce his former colleagues to also leave their employment. With some limited exceptions, Oklahoma courts view non-compete agreements as unreasonable restraints of trade, and therefore generally unenforceable. On the other hand, Oklahoma law generally will allow contracts that prohibit an employee, following termination, from attempting to directly solicit business from the existing customers/clients of his former employer. These are generally referred to as "hands-off" agreements. There was some uncertainty about whether an anti-solicitation clause is an unreasonable restraint of trade and thus unenforceable or more akin to a "hands-off" agreement, and thus enforceable. See e.g., Howard v. Nitro-Lift Technologies, LLC, 2011 OK 98 (vacated by U.S. Supreme Court, 133 S.Ct. 500(2012)), and Eakle v. Grinnell Corp.272 F. Supp.2d 1304 (E.D. Okla. 2003).
The question was answered by the Oklahoma legislature in the 2013 session. Title 15, Section 219B of the Oklahoma Statutes states that anti-solicitation agreements are not unlawful restraints of trade. Section 219B states in its entirety: "A contract or contractual provision which prohibits an employee or independent contractor of a person or business from soliciting, directly or indirectly, actively or inactively, the employees or independent contractors of that person or business to become employees or independent contractors of another person or business shall not be construed as a restraint from exercising a lawful profession, trade or business of any kind. Sections 217, 218, 219 and 219A of Title 15 of the Oklahoma Statutes shall not apply to such contracts or contractual provisions."
The statute went into effect on November 1, 2013. The statute is certainly open to interpretation, as it is unclear what exactly would constitute permissible "indirect" or "inactive" solicitation. Those terms seem to be bordering on the oxymoronic. The statute pertaining to permissible "hands-off" agreements as to customers and/or clients remains unchanged, and refers to the permissibility of restricting only "direct" solicitation of customers. 15 O.S. Section 219A.