Contracts Lawyers for Arkansas

What does the agreement say? You should follow the procedures in the contract. Parties can agree to pretty much anything because they have the freedom to contract. The court may choose not to enforce certain provisions of the contract based on how unfair it is but that's in litigation. If you were owed money under a contract, you should speak to an attorney about a breach of contract action. Alternatively if there wasn't a valid contract at the time- quantum meruit and or unjust enrichment. Having or not having a contract doesn't preclude you for being compensated for your services.

Given the recent legal developments around non-competes, here's exactly where things stand for your situation: Where Things Stand: The FTC Ban Isn’t Active The Federal Trade Commission did try to ban most non-compete agreements across the country, but that rule was blocked by a federal court in Texas on August 20, 2024. The ruling included a nationwide injunction, which means the FTC can't enforce the rule at this time. They’ve already appealed, but for now, nothing has changed legally. So, we’re still in a state-by-state landscape when it comes to whether your non-compete is actually enforceable. So Can Your Employer Enforce It? That depends on where you live and the details of your agreement. Courts usually look at whether the restrictions are reasonable, and they focus on three main areas: 1. Timeframe: Most courts consider anything from six months to two years fair, depending on your role and industry. Anything longer tends to raise red flags. 2. Location: The restriction has to make sense based on where your employer actually does business. If it tries to block you from working anywhere in the country, but your employer only operates regionally, that could be a problem for them. 3. What You’re Being Blocked From Doing: The agreement has to be targeted. It should protect real business interests like client relationships, proprietary methods, or sensitive information. It can’t just exist to shut you out of the market. Why Your State Matters The enforceability of non-competes can vary a lot depending on where you are. A few states have almost completely banned them—California, North Dakota, and Oklahoma, for example. Others still allow them but have been tightening the rules, especially for lower-income employees. Many have added salary thresholds or narrowed which industries can use them at all. What Happens If You Break It? If your non-compete is enforceable and you go against it, your former employer might: • Ask the court to stop you from working at your new job immediately • Sue for money if they can prove you caused financial harm • Make you pay legal fees, depending on what your contract says Even if the clause wouldn't hold up in court, it can still create problems. Just the threat of legal action can be expensive and stressful. Plus, some potential employers may steer clear of hiring someone with a non-compete, even if it’s questionable. What You Should Do Next • Read your agreement closely. Pay attention to how long it lasts, where it applies, and what it actually prohibits. • Look up your state’s laws. That’s the key to figuring out whether the agreement holds water. • Talk to an employment attorney. A short consultation can give you clarity and protect you from missteps. • Think about your new role. If the new job is different enough or doesn’t involve the same clients or confidential information, that can help your case. So, yes, the national situation is in flux, but the practical reality is that non-compete law is still very much a state-by-state issue. Don't assume you’re stuck, but don't make any moves without legal advice either. Since every non-compete is different, it can really help to have a lawyer review yours and explain what it means. Attorneys here on Contracts Counsel would be happy to help.

Typically in a settlement agreement there are terms that identify what the parties can do if there is a dispute. If the settlement agreement does not have dispute resolution language, then the parties genrally refer to the contract the parties engaged in, if there was one, and look to the dispute resolution in that document. As a CT licensed contract attorney and arbitrator, I can assist you with dispute resolution. Please contact me if you need further assistance. Donya Gordon

It is usually possible to get out of a contract for employment (or work as an independent contractor) for these types of reasons (slavery was banned in the US some 150 years ago - no one can force you to work). I suggest that you talk with the broker and ask to get out of your contract. Let him or her know that you can provide a general letter from a health care provider to back up your request based on a health reason making you unable to work and/or fulfill your contract (the letter need not give specifics or otherwise violate your privacy). This could be a bit "trickier" if the broker has invested in you, eg, paid for training, licenses, etc - if that's the case, be prepared for this, and have a counter-offer ready, at least in your head. You will need to use all your negotiation skills - if your health issues may limit your ability to be at your best in such negotiations, you may want to bring in someone to negotiate on your behalf - this does not need to be an attorney. I hope that that helps. Please be aware that I've responded solely for educational purposes, and no attorney/client relationship has been formed between us.

Personal leave sometimes replaces vacation and sick time. Some employers just give employees time off for whatever reason the employee chooses. To know more about the rights and responsibilities, you should speak to HR at your new employer who will help you with the employer's expectations and your rights under the leave provision in your contract. Also, look at your contract as it may provide insight as to how to implement the leave. When in doubt, speak to HR. Thanks.