Non-Compete Agreements: Will Arkansas Courts "Blue Pencil" an Unreasonable Non-Compete Agreement?
In employment law, “blue penciling” a non-compete agreement refers to the practice whereby a court concludes that a non-compete agreement is unenforceable because it is overly broad, but rather than throw out the agreement altogether the Court will instead modify it to narrow it down to make it…
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…