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The Arkansas courts have made it abundantly clear that restrictive non-compete agreements (or ?covenants?) are enforceable if the terms are reasonable and necessary to protect the employer's business interests.
Unfair time restrictions are one way employers can hurt your ability to find a new job within your current industry. A Non-Compete Agreement typically lasts six months to two years, but varies depending on your state's laws.
Act 921 embraces the ?blue pencil? rule, which allows for courts to reform an otherwise unreasonable or overbroad non-compete provision. This is a significant departure from prior Arkansas law. Previously, an overly-broad non-compete provision would have rendered the entire non-compete agreement unenforceable.
(a) Except as otherwise provided in this section and 11-4-210 and 11-4-212, no employer shall employ any of his or her employees for a work week longer than forty (40) hours unless the employee receives compensation for his or her employment in excess of the hours above specified at a rate not less than one and one- ...
Are There Any Ways I Can ?Get Around? a Non-Compete Agreement? Being able to prove that your employer is in breach of contract. Proving that there is no valid legitimate interest to enforce the non-compete agreement. Prove the agreement's time frame is unreasonable.
(1) No action may be maintained by or against any person or entity on any agreement to extend credit or to renew or modify existing credit in an amount greater than ten thousand dollars ($10,000) or to make any other accommodation relating to such credit, unless the agreement is in writing and is signed by the party to ...
Code § 4-75-101. Covenant not to compete agreements: Unfair Practices ? General Provisions ? Arkansas. Provides a covenant not to compete agreement is enforceable if the agreement is ancillary to an employment relationship or part of an otherwise enforceable employment agreement or contractt.
Business and Commercial Law § 4-75-101. Covenant not to compete agreements. (2) The covenant not to compete agreement is limited with respect to time and scope in a manner that is not greater than necessary to defend the protectable business interest of the employer.