Are Non Compete Agreements Enforceable In South Carolina

Another dirty secret that employers will rarely tell their employees is that the agreement must be signed when you start their work, or you will need a raise or bonus if you are asked to sign it once you are already busy. Because in South Carolina, the rule is that if an “alliance is entered into after the start of employment, separate consideration is required in addition to continued employment of employment” for the Confederation to be implemented. For example, Louisiana appears to allow a court to reduce the terms of a non-compete clause to make them enforceable, for example to reduce the seizure period from 2 years to one year if the court finds that one year was appropriate, but two years were too long. South Carolina, however, does not allow this “blue pencil” (i.e. rewriting) of an employment contract. The rationale for not allowing the courts to use the “blue pencil” is simple, namely that the court`s mission is to enforce the parties` agreements, not to rewrite them. By not allowing the use of the blue pencil, the employer is obliged to limit its non-competition agreements to what is strictly necessary to protect its interests. In practice, too, employers often prepare non-competition clauses with draconian restrictions and also have overly broad non-calls and confidentiality rules that make the worker think they are stuck at the California Hotel, i.e. “you can leave at any time, but you can never go!” South Carolina lawyer Andy Arnold and Horton Law Firm are familiar with the law and understand how courts review and invalidate unreasonable agreements. We will review your non-compete agreement, advise you on labor laws in South Carolina and help you find your best options to exceed your non-compete agreement. In addition, Horton has teachings such as “inevitable revelations.” Many workers in South Carolina will find it comforting that competition restrictions are generally unfavourable and strictly interpreted against the employer. Courts in South Carolina balance the interests of workers and employers by recognizing a company`s legitimate interest in protecting its customers and goodwill, while recognizing the importance of a person`s right to use their talents to earn a living. To balance these interests, the South Carolina courts have imposed restrictive, restricted alliances to protect the legitimate interests of the employer.

Thus, in a recent decision of the South Carolina Supreme Court, the Supreme Court of South Carolina ruled that a territorial restriction of 150 miles to a federation that is not in competition is a reasonable and enforceable restriction. Palmetto Mortuary Transp., Inc. v. Knight Sys., Inc., Op. 27833 (S.C. Sup. Ct. aug. 29, 2018). If a court finds that a restrictive confederation is too broad and therefore inappropriate, a worker is not bound to it.

In particular, South Carolina does not follow the “blue pencil” rule, which means that “restrictions in a non-compete clause cannot be rewritten by a court or limited by the agreement of the parties, but are or must be on their own terms. [17] Courts in South Carolina are reluctant to impose non-compete prohibitions on employment contracts and to interpret them strictly against employers. [1] In general, restrictive non-compete agreements in employment contracts are subject to more rigorous scrutiny than similar agreements that preside over the sale of companies. [2] In South Carolina, non-competition bans have been disgraced in the past. Today, however, the court will balance the interests of the employer with the interests of the worker and maintain the agreement if it is appropriate and necessary to protect the interests and rights of the company or employer. Generally speaking, when a South Carolina court decides whether a contract should be respected, the following issues will be considered: with respect to non-invitations, the South Carolina courts have imposed a non-invitation clause prohibiting a former employee from “selling in the accounts or territory” where he or she has

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