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 if the employee's interests may be important, South Carolina courts will certainly assign great weight to a person's freedom to choose the type of employment that is suitable for them. Accordingly, only those covenants which are deemed to be reasonable will be upheld by the court. Those provisions that courts have seen to be unreasonable include those that last for an prolonged period of time or cover geographic areas around Mount Pleasant 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. Lastly, the employer needs to have an acceptable business interest which justifies their motives in requiring their employee to sign a covenant not to compete.
Do I Need an Attorney when Dealing with a Covenant not to Compete?
Before you sign any documents that could restrict your rights, you may consider hiring a Mount Pleasant, South Carolina attorney who can review the covenant. The attorney can negotiate modifications to the contract if they are needed, and can draft a new clause which is acceptable to the parties involved. 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.
Find a a Mount Pleasant Lawyer that Specializes in Your Area of Need:
There are 52 Employment and Labor Law cases posted in Mount Pleasant
Cases Posted to LegalMatch listed by ZIP Code:Non-Compete Lawyers in Other South Carolina Cities
Life in Mount Pleasant
Mount Pleasant is a city located in South Carolina. Some history on this charming city is that over three hundred years ago, it was home to the homes of the first Europeans. Since then, Mount Pleasant has developed into a wonderful city for families to live in, and local businesses to establish themselves.Popular attractions to visit include the Patriots Point Naval & Maritime Museum, Boone Hall Plantation, the Charlestown National Golf Club, Charleston Harbor and Water Taxi, Mount Pleasant Waterfront Park, Pitt Street Bridge, and Cinebarre.
Mount Pleasant is also home to experienced attorneys who have established themselves in various areas of law. These attorneys run successful legal practices and ensure the best legal services to their clients.
