34-51-301. Award of arbitration costs, attorney fees and court costs, and damages.
If an employer seeks to enforce a non-compete agreement, healthcare non-compete agreement, nondisclosure clause, or nonsolicitation agreement through arbitration or by filing a civil action and it is determined that the non-compete agreement, healthcare non-compete agreement, nondisclosure clause, or nonsolicitation agreement is unenforceable, the employer is liable for the employee's:
(1) costs associated with arbitration;
(2) attorney fees and court costs; and
(3) actual damages.