Download PDF

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 July 21, 2015, the case law requires consideration but does not specify what constitutes a sufficient amount. Office Machs., Inc. v. Mitchell, 234 S.W.3d 906, 908 (Ark. Ct. App. 2006). The reality is that continued employment will almost always constitute sufficient consideration in Arkansas.