Non-Compete Agreements: Are They Enforceable in Contracts for Medical Services?
Yes, but with caveats. For non-compete agreements in Arkansas, there are separate rules for non-medical and medical employees. This variance stems from Arkansas’ non-compete statute, which applies to non-medical employees, but expressly does not apply to medical employees. Ark. Code Ann. §…
Licenses and the Law Series, Part IX: The Appeal
In our last article, we explained the second part of the hearing: your defense. Now, we discuss the appeals process. Unfortunately, licensing boards do not always rule in your favor. However, you can have a chance to have your case heard before an Arkansas circuit court, and it is important to know…
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…
Licenses and the Law Series, Part VIII: The Hearing - Part II
In our last article, we explained the first part of the hearing: the case against you. Now, we discuss the second part of the hearing: your defense. After the Attorney General presents his case, you have the opportunity to present yours, which should outline your defense to the allegations pending…