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Arkansas Non-Solicitation Agreement

An Arkansas non-solicitation agreement is a legal document that limits an employee's ability to use valuable company information for their own benefit. The agreement contains terms prohibiting the employee from seeking out the company's clients, employees, and contractors if the employee leaves and takes a new position with a competitor.
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Is It Legally Enforceable in Arkansas?

Yes. Non-solicitation agreements are enforceable as long as:[1]

  • They protect a valid interest
  • Geographical restrictions are not overly broad
  • The agreement contains a reasonable time limit

Types of Solicitation to Prohibit

In Arkansas, a non-solicitation agreement can prohibit an employee from soliciting:

  • Former or Current Employees 

In addition to former or current employees, this can include contractors, affiliates, and similar parties of the employer under which a business relationship has been created.

  • Former or Current Customers

This can include any former or current customers, clients, and similar business relationships of the employer.

What to Include

What should you include in a non-solicitation agreement.

1. Time Restraint

In Arkansas, a reasonable time limit must be applied to the covenant for the agreement to hold up in a court of law.

2. Geographical Restraint

The agreement must specify a geographical limit for the terms of the covenant that is not overly broad.

3. Specific Action

The terms must list exactly what the individual is restricted from doing as part of the agreement. This includes whether they are prohibited from contacting all employees and clients or specific ones.

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