Charleston Non-Compete Agreement

Find the right Non-Compete Agreement attorney in Charleston, SC

In South Carolina, a covenant not to compete usually 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 can 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 usually difficult. While the employer?s interests are significant, South Carolina courts place great weight on an individual?s freedom to pursue the employment they want. Accordingly, courts have only upheld those agreements that they consider reasonable under the circumstances. Terms contained in a covenant not to compete will be struck down by a court as unreasonable if they bind the employee for an unusually long period of time or if they cover an unreasonably large geographic area around Charleston.

The agreements must also deal only with those competitors whose line of employment is reasonably related to the previous employer's. Finally, there must be a valid business interest which motivates the employer's mandating a covenant not to compete.

Do I Need an Attorney when Dealing with a Covenant not to Compete?

A Charleston, South Carolina lawyer can help you review the covenant before you sign any provisions that might limit your rights. The lawyer can help you in negotiating modifications or if needed, they can possibly draft a new agreement which will be acceptable to both parties. An attorney can also give valuable advice when it comes to suing employees for breaching covenants, or counseling employees who have signed one regarding whether they can accept a different job.

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Life in Charleston

Charleston, South Carolina is an important port city located in Charleston County. It is nicknamed the "Holy City" due to the large number of churches that mark the city's skyline. As a port city, trade is central to the city, as a number of ships and boats launch regularly from Charleston.

Charleston is unique among cities that showcase a Southern culture. In general, Charleston's community culture is a rich blend of French, English, West African, and southern American elements. Particularly, the "Charleston dialect" is a rare dialect featuring distinct phrases and is not comparable to other dialects in the Southern U.S.

Charleston, South Carolina draws many visitors every year when it holds its annual Spoleto Festival USA. The Spoleto Festival is an art festival lasting 17 days and featuring more than 100 performances by artists practicing in different disciplines. The event is an internationally recognized festival and is considered to be the premier performing arts festival of the U.S. Other notable Charleston attractions include live music at the Music Farm, and the Citadel a famous military college. Many Charleston lawyers studied at Charleston School of Law.

Lawyers in Charleston, South Carolina are available to assist persons who may have differing legal needs. Charleston is the first city in the United States to institute a "Livability Court", which is a municipal court that focuses on legal cases involving housing, animal control, tourism, traffic, the environment, waste, and compliance with city zoning codes.

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