Arkansas Noncompete Agreement: What's Included and Enforceability
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Is a Non-Compete Agreement Enforceable in Arkansas?
A non-compete agreement is a type of restrictive employment contract that prevents an employee from using a business’s trade secrets or other confidential information to compete with the business. In Arkansas, a non-compete agreement is only enforceable if it adheres to the following three conditions:
- It is part of an enforceable employment contract
- The employer has a legitimate protectable business interest
- The contract is limited in time and scope and is not more restrictive than necessary to protect the employer’s business interest
The Arkansas code lists confidential information which can be considered a “protectable business interest”. This includes:
- Trade secrets
- Intellectual property
- Client lists
- Knowledge or methods of business practices
- Training and education information
- Employee data
How Long Does an Arkansas Non-Compete Agreement Last?
Arkansas state statutes restrict the duration of a non-compete agreement to two years. However, this statute allows courts to consider the circumstances around the case to determine if two years is unreasonable.
How Do You Get Around a Non-Compete Agreement in Arkansas?
Non-compete contracts in Arkansas are enforced only when they are reasonable and used to protect a legitimate business interest. To get around a non-compete agreement, the employee would have to prove that the contract is unreasonable or that the employer doesn’t have a legitimate business interests.
To determine reasonability, courts will usually consider the following factors:
- Duration of the contract
- Geographical scope of the contract
- Whether the contract prevents an employee from earning a wage
- The nature of the business
What Voids an Arkansas Non-Compete Agreement?
An Arkansas non-compete agreement will be deemed void if it does not protect a legitimate business interest or if the terms are so broad that it places an unfair burden on the employee.
Even though Arkansas permits blue penciling, which is the practice of allowing courts to modify a non-compete to make it enforceable, courts use this power sparingly to avoid overreaching.
Frequently Asked Questions
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Meet some of our Arkansas Noncompete Agreement Lawyers
Michael C.
I offer top-tier legal expertise in startups, corporate governance, and general legal research. As a professor and published author of research articles and conference presentations, I have established myself as a legal expert, writer, and scholar. My strong research skills and innovative thinking make me a highly capable business consultant, legal adviser, and copywriter. Currently licensed to practice in Minnesota and Arkansas. Recent freelance projects include business plans, contract drafting, legal advisory memoranda, due diligence, pre-trial motion practice, and discovery review.
"Michael was fast, helpful, and delivered exactly what I asked for!"
October 1, 2023
Lynette P.
I am licensed in both Texas and Arkansas but actively working in Arkansas. My primary focus is criminal defense, family law, and estate planning (wills and trusts).
October 30, 2023
James S.
https://www.linkedin.com/in/james-swindle/
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Richard C.
Caudill Arundell Law PLC is a Phoenix based civil law firm providing quality, effective and affordable legal services. Richard C Caudill-Arundell, LP, MLS (Hons), G Cert LP is the Managing LP for the firm and is licensed to practice limited jurisdiction civil law in the State of Arizona (Legal Paraprofessional). Offering affordable real estate rental, transactional and business contract drafting, review and analysis, and breach of contract advice. Publications: https://scholar.google.com/citations?user=za5yjFcAAAAJ&hl=en Education: University of Arizona James E Rogers College of Law - Master of Legal Studies Cum Laude, Graduate Certificate LP
"I had the pleasure of working with Richard while preparing a complex demand, and his support made all the difference. He was incredibly attentive, responsive, and thorough throughout the process. Richard made sure my concerns were fully understood and helped move things forward at a time when I really needed it. He also played a key role in getting an attorney involved, which I truly appreciated. His professionalism, compassion, and follow-through stood out, and I’m very grateful for everything he did to help. Highly recommend working with him if you get the chance."
Edward B.
When the pressure mounts and the outcome matters most, Edward L. Blair IV doesn’t just step up—he dominates. As a formidable Florida-based attorney, Mr. Blair commands every case with the unshakable focus of a warrior and the calculated precision of a master strategist. His expertise in drafting pleadings, motions, and contracts transforms legal writing into a sharp-edged instrument—an arsenal of language wielded with power and purpose. Edward L. Blair IV is not just an attorney—he’s a lionhearted force of advocacy. Every case is a mission, and every client is a cause worth fighting for. His strategic legal insight doesn’t just navigate complexity—it crushes confusion, eliminates doubt, and clears the path to victory. Respected by clients and relentless in pursuit of justice, he approaches each legal battle as a personal crusade. When you choose Blair Legal Solutions LLC, you gain more than representation—you gain a relentless ally. Your battle becomes his, and he won’t rest until the job is done.
"I'M happy to have worked with Edward. I felt he was on top of the subject and delivered in time. I did need to send a few reminders in the meantime, though."
Benjamin G.
16+ years of diverse legal experience within the military and substantial military leadership and supervisory experience. Portfolio captures experience in national security law (international law, maritime law, sensitive support, inter-agency agreements, rule of law, etc.), government contracts/procurement, administrative law, Freedom of Information Act (FOIA), fiscal law, labor law, civilian personnel law, harassment and hostile work environment, retaliation and whistleblower protection, medical disability, criminal law, and military law. Significant experience advising general/flag officers and senior executives; powerful oral and written communication skills. Post-military experience includes Landlord Tenant Law, Criminal Law, and Family Law.
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Employment
Noncompete Agreement
New York
Noncompete agreement breach consequences?
I recently left my job as an employee at a company that I had worked for for over a year. I was asked to sign a noncompete agreement when I began the job, which I did. I have since started a new job in the same industry as my former employer, which is in violation of the noncompete agreement. I am now wondering what the consequences of this breach of contract may be and am seeking legal advice.
Gregory F.
I would be happy to schedule a paid telephone consultation with you to review the non-compete agreement, advise you on its scope and enforceability, and answer your questions. Please contact me via email at greg@fidlonlegal.com to discuss.
Employee Rights
Noncompete Agreement
New York
Can my employer enforce a non-compete agreement I signed even though I was not provided any additional compensation or benefits in return?
I recently started a new job and was asked to sign a non-compete agreement as a condition of employment. However, I just found out from a colleague that my employer has been enforcing the non-compete agreement against former employees and preventing them from working in similar roles at competing companies. I am concerned because I was not given any additional compensation or benefits in exchange for signing the agreement, and I believe it may be unfair and potentially unenforceable. Can my employer legally enforce the non-compete agreement even though I did not receive any additional compensation or benefits in return?
Damien B.
Hello! Generally, New York courts require that a non-compete agreement be supported by adequate consideration. If the agreement is signed at the beginning of employment, the job itself may serve as adequate consideration. However, if the non-compete is signed after employment begins, the employer may need to offer additional benefits, such as a raise or promotion, for the agreement to be enforceable. There are other defenses against enforcement. For a non-compete agreement to be enforceable, it must be reasonable in terms of duration, geographic scope, and the scope of activities it restricts. A court will evaluate whether the agreement is necessary to protect the employer’s legitimate business interests, such as confidential information or customer relationships. If not, a court could rule the noncompete is not enforceable.
Business
Noncompete Agreement
Florida
Noncompete agreement and business partners?
I am a business owner who has recently acquired a new partner. We are in the process of drafting a Noncompete Agreement to ensure that neither of us will compete against each other in the same market. We are looking for advice on what should be included in the agreement and how it should be enforced.
Daniel D.
The one thing to make sure with noncompete agreements is that it is reasonable in terms of duration and the area you cannot compete in. Courts use a reasonableness test to determine whether a noncompete agreement is valid. If provisions are deemed to be unreasonable and fail the test, they could be altered or struck out of the agreement.
Employee Rights
Noncompete Agreement
Washington
Can my employer enforce a non-compete agreement if I was laid off due to COVID-19?
Can my former employer legally enforce the non-compete agreement I signed when I was hired, considering I was recently laid off due to the economic impact of COVID-19 and the agreement seems to restrict my ability to find new employment in my field? I have been actively seeking new job opportunities in the same industry, but potential employers are hesitant to hire me due to the non-compete agreement, which restricts me from working for competitors or starting my own business in the same field for a certain period of time. I want to understand if the non-compete agreement is still valid and enforceable given the circumstances of my layoff and the current job market conditions.
Merry K.
I'm sorry, but your question is impossible to answer without reviewing your contract and knowing more about your type of job and compensation. Be aware that terms in such agreements are often found to be non-enforceable. You can start by reviewing the Washington State law on point: https://app.leg.wa.gov/rcw/default.aspx?cite=49.62&full=true
Employee Rights
Noncompete Agreement
Georgia
How does a noncompete agreement work?
I am an employee at a small business and I have recently been asked to sign a noncompete agreement. I am not sure how these agreements work and what rights I have as an employee. I am also concerned about the restrictions that could be placed on me if I sign the agreement. I want to make sure I understand the implications of signing the agreement before I do so.
Nancy B.
In its simplest terms, a noncompete agreement in an employment context is an agreement that says you will not compete with your former employer if you ever stop working for them. It typically forbids things like: + Working for a competitor + Starting a company that sells the same services/products as your employer + Recruiting employees from your current employer after you have left that employment. One thought is that this could be requested shortly before letting an employee go just to protect the company from competition but I hope that is not the case here as it seems like an unfair use of the noncompete agreement ability in Georgia. The issues are usually the geographical scope (for example within 15 miles of Dalton, Georgia), the time period (one or two years is usually sufficient and courts do not favor long noncompete agreements), and the consideration (such as a new job - which is not applicable in your case, or more compensation). Regards, Nancy A. Burnett
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