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. Some agreements that courts have considered to be unreasonable include terms that last for an unusually long period of time or that cover a geographic around Greenville that is unreasonably broad.
Limitations on non-compete clauses must also be restricted to cover only competitors who are related in a rational way to the employer's industry. Lastly, the employer must have a valid business interest behind its motivation for mandating a covenant not to compete.
Do I Need an Attorney when Dealing with a Covenant not to Compete?
A Greenville, South Carolina lawyer can help you review the covenant before you sign any documents that might limit your rights. The lawyer can assist you in negotiating modifications or if needed, they can possibly draft a new agreement which will be acceptable to both parties. A lawyer can also render useful advice for employers who are considering suing an employee for breach of covenant, or they can counsel employees who have signed such an agreement.
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Life in Greenville
Greenville is a great city in South Carolina for families to live and visit! The city has it all--art galleries, scenic property, museums, and beauty!Some popular sites include Falls Park on the Reedy (downtown), Heritage Green Arts and Cultural Complex, the Greenville Zoo, Metropolitan Arts Council, the Carolina First Center, Augusta Road, and Haywood Mall.
Greenville is also home to many attorneys who practice in various areas of law. These attorneys focus on providing personalized services to their clients--residents and local businesses.
Overall, Greenville is a great family-oriented city with a community-like feel to it!
