In South Dakota, a covenant not to compete typically 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?
Whether or not a judge will conclude that the covenant is enforceable can be challenging to know beforehand. While employer's interest are important, the courts of South Dakota also put a high level of importance on a person's ability to pursue their desired employment opportunities. Consequently, a court will generally only uphold non-compete clauses which under the circumstances are considered to be reasonable. Those agreements that courts have seen to be unreasonable include those that last for an prolonged period of time or cover geographic areas around Sioux Falls that are unreasonably large.
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 Sioux Falls, South Dakota lawyer can help you review the covenant before you sign any agreements 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. When it comes to suing an employee for breach of a non-compete clause, an attorney can provide valuable advice. They will also be able to counsel employees who need advice for a covenant they have signed.
Extremely knowledgeable and professional, fully understood what I was going through as well as answering all my questions completely and informative.
They were amazing got me a settlement kept in contact with me
I understand many lawyers are very busy, But Howard Bender, busy as he is, responded quickly and professionally. My impression is he is a man of his word.
I know with all the high ratings I've given, one may question if it's authentic but it is. My case was a uphill battle from the start that I'm not sure how I would have got anything in my favor if it were not for Mr. Taylor. Very well manner, clean cut, presentable, educated and most important to those viewing this, knowledgeable person. I hope to never go through an ordeal which may require legal action again but if it presents itself, Mr. Taylor is my first and only call. Take the best chance and believe in Mr. Taylor as I did.
Chris is a amazing lawyer that does his job extremely well. He was very helpful in answering any questions that I had and was there to walk me threw my settlement every step of the way. I would highly recommend him to anyone!
Chris and his legal staff were extremely professional, well versed in legal strategy, attentative to my concerns, and extremely courteous.
Christopher Taylor was able to clarify some points regarding an employment situation that was troubling me. He helped me understand the big picture in clear, concise terms so that I could move forward with confidence in making an informed decision in my best interests. Christopher genuinely loves his work and shows compassion for his clients' legal concerns. I would highly recommend Christopher to anyone facing an employment or wrongful termination issue. Thank you.
Linda Rosa
Great lawyer with an exremely good team. I would refer him and his team to my closest freinds and family members. Highly informative and the results of my case went beyond expectation.
Chris was always very prompt in responding to me. He is very knowledgeable and always had my interest in mind. I found Chris to be honest and ethical which isn't easy to come by. I would highly recommend him.
My first lawsuit was with Mr. Taylor. He provided me with a lot of helpful information and told me honestly of my situation and what might or might not happen. I would also call him regarding any questions or concerns that I had, and he would thoroughly answer them for me. Mr. Taylor is a very knowledgable and skilled lawyer. I recommend everyone to go to him when in need. Thank you Mr. Taylor for taking my case! I'll look for you again if any situation arises :)
Mr. Taylor was very quick in communicating, took time to understand what I was looking for and trying to accomplish, patient with my unfamiliarity with the law, and very honest in what I needed to do and what I could expect. He was a pleasure to work with, and should I find myself in need of his services again, I would not hesitate to contact him. I highly recommend Christopher Taylor.
Chris Taylor and his team are awesome they were very helpful I recommend them highly to anyone that needs a wrongful termination lawyer I had a great experience with Taylor and his team
Christopher Taylor went above and beyond for me in My wrongful termination case. Christopher Taylor will do whatever it takes to become successful in anyone's case. Christopher is very professional, competent,and a Expertise in wrongful termination cases. As a client, i was very satisfied for the justice that i got in defeating my former employer with Christopher's help. I would recommend Christopher Taylor to anyone that wants a lawyer that will fight for you till you're successful and satisfied.
Nothing less than awesome and professional...
Thank you for all your hard work on bringing to light the facts of my case.