Non-Compete Agreements: Must an Employer Pay an Employee for a Non-Compete to Be Enforceable?
Yes. However, for many non-competes, an employee’s continued employment is sufficient. For non-competes signed after July 21, 2015, the statute explicitly states that an employee’s continued employment is sufficient consideration. Ark. Code Ann. § 4-75-101 (g). For non-competes signed on or before…
Non-Compete Agreements: Does it Matter Whether the Employer or the Employee Terminates the Relationship?
Often this is not a large concern, but may be applicable in some situations. The first question to ask is when was this non-compete agreement signed? In Arkansas, the watershed date is July 22, 2015, which is when a landmark non-compete statute came into play. For non-competes signed after July 21…
Non-Compete Agreements: What is a Reasonable Geographic Area of Coverage for a Restriction?
What is a reasonable geographic area of coverage for a non-compete agreement restriction? It depends. The first question to ask is when was this non-compete agreement signed? In Arkansas, the watershed date is July 22, 2015, which is when a landmark non-compete statute came into play. For…
Non-Compete Agreements: What is a Reasonable Duration for a Restriction?
It depends. The first question to ask is when was this non-compete agreement signed? In Arkansas, the watershed date is July 22, 2015, which is when a landmark non-compete statute came into play. For non-competes signed after July 21, 2015, two years is statutorily presumed to be a reasonable…
Non-Compete Agreements: Increased Litigation on the Backside of the "Great Resignation"
Our business clients tell us everyday what we are all seeing in the headlines on a regular basis: employees are hard to hire and retain. Some commentators have coined the term “the great resignation” to aptly describe the unprecedented level of employee movement in the past year. A natural…