What Is A Covenant Not To Compete In South Carolina?
In South Carolina, a covenant not to compete generally requires that, upon leaving the company, an employee agrees not to be employed by their employer's competitors. A covenant not to compete may also be called a "non-compete clause". An employee who signs a covenant not to compete may receive compensation for the agreement, or in some cases the agreement is a condition for their being hired.
When are Covenants not to Compete Unenforceable?
Foreseeing whether or not a judge will uphold a covenant not to compete is generally difficult. Even though the interests of an employer are important, South Carolina courts value a person's freedom to select the type of employment that they desire. Thus, courts will typically uphold only those covenants not to compete that they conclude to be reasonable. Those provisions that courts have seen to be unreasonable include those that last for an prolonged period of time or cover geographic areas around Columbia that are unreasonably large.
Covenants not to compete are also required to deal only with competitors who are rationally related to the employer's line of industry. Finally, the covenant not to compete must have a legitimate business purpose which is behind the employer's motivation for requiring the agreement.
Do I Need an Attorney when Dealing with a Covenant not to Compete?
Before signing anything that may restrict your rights, you may want to hire a Columbia, South Carolina attorney to review the contract. A lawyer can then negotiate to modify the covenant as needed, or may even draft a new one that is acceptable to both parties When it comes to suing an employee for breach of a non-compete clause, an attorney can give valuable advice. They will also be able to counsel employees who need advice for a covenant they have signed.
Find a a Columbia Lawyer that Specializes in Your Area of Need:
There are 783 Employment and Labor Law cases posted in Columbia
Cases Posted to LegalMatch listed by ZIP Code:Non-Compete Lawyers in Other South Carolina Cities
Life in Columbia
Columbia, South Carolina is the state capital, and the largest city in the state. It has a population of about 130,000 people.
Columbia has a rich history, and has figured prominently in important historical events dating back to before the Civil War. While being occupied by Union troops during the Civil War, much of Columbia was destroyed in a fire. During Reconstruction, as in many Southern states, numerous African Americans were elected to public office in South Carolina, which was a novelty to most Americans at the time. As a result, Columbia experienced a brief tourism boom, as visitors wanted to observe the state legislature in session.
Modernly, Columbia, South Carolina is quite diverse in both demographics, and economy. Columbia is a major center for several industries, such as healthcare, manufacturing, insurance, and many others.
Columbia, South Carolina is also home to Fort Jackson, the U.S. Army's largest training facility, which has a major economic impact on the area. Each year, the federal government spends over $700 million for salaries, utilities, and other services (with a significant amount going to local contractors). Furthermore, each year, over 100,000 people visit the area to attend basic training graduation, and patronize the local hotels, restaurants, and retail outlets.
Columbia, South Carolina lawyers need to be competent to handle many different types of cases. If you contact a Columbia, South Carolina lawyer with any type of case, chances are they can take it, or refer it to another local attorney who can.
