Restrictions to prevent competition by a former employee are held valid when they are reasonable and necessary to protect the interests of the employer. For example, a provision in an employment contract which prohibited an employee for two years from calling on any customer of the employer called on by the employee during the last six months of employment would generally be valid. Courts will closely examine covenants not to compete signed by individuals in order to make sure that they are not unreasonable as to time or geographical area. For example, if a company only operated within one city, and the covenant not to compete provided that an employee of the company could not solicit business within 100 miles of the city if he/she ever left the employ of the company, such an agreement would be unreasonable as to its geographical area. The company had no need to be protected regarding such a large geographical area.
An Arkansas Employment Agreement with a Director of a Day Care or Child Care Center is a vital document that outlines the terms and conditions of employment between the director and the center. This contractual agreement provides clarity and protection for both parties involved. The following are key provisions commonly found in an Arkansas Employment Agreement with a Director of Day Care or Child Care Center, including a Non-Competition Provision: 1. Job Title and Description: Clearly outline the job title and a detailed description of the director's responsibilities and duties, specifying their role in managing the day-to-day operations of the daycare or child care center. 2. Compensation and Benefits: State the director's salary, including any bonuses or incentives, along with the frequency of payments. This section may also cover benefits like health insurance, retirement plans, paid time off, or professional development opportunities. 3. Term of Employment: Specify the duration of the agreement, whether it is an ongoing contract or for a fixed term. If it is a fixed term, mention the start and end dates. 4. Non-Competition Provision: This provision restricts the director from engaging in similar activities or working for a competing daycare or child care center within a specified geographic area and time frame after leaving the employment. The purpose is to protect the center's confidential information, trade secrets, and client relationships. 5. Confidentiality and Non-Disclosure: This section emphasizes the director's obligation to maintain the confidentiality of the daycare or child care center's proprietary information, such as business strategies, financial data, and internal processes. 6. Termination Clause: Outline the conditions under which either party may terminate the agreement. Include provisions for termination without cause, termination for cause (such as misconduct or breach of contract), and any notice periods required. 7. Dispute Resolution: Determine how disputes will be resolved, whether through mediation, arbitration, or through the court system. Specify the applicable laws of the state of Arkansas for resolving conflicts. Different types of Employment Agreements with Directors of Day Care or Child Care Centers in Arkansas may include variations in terms and conditions, depending on the specific needs and requirements of the daycare center. However, the inclusion of a Non-Competition Provision is generally standard to safeguard the center's interests. Some additional types of Employment Agreements may include contracts for Assistant Directors, Nursery Directors, or Satellite Program Directors. While the basic provisions may remain the same, the scope of responsibilities and specific clauses can vary according to the director's role and the nature of the child care center. Keywords: Arkansas, Employment Agreement, Director of Day Care, Child Care Center, Non-Competition Provision, job title, compensation, benefits, term of employment, non-disclosure, termination, dispute resolution, assistant director, nursery director, satellite program director.
