Non Compete Agreement In South Carolina

[12] Therefore, where a confidentiality regulation is considered a non-competition clause, it must include an appropriate time limit. [13] If this is not the case, it is likely considered a violation of South Carolina public order. [14] Similarly, South Carolina courts generally upsteer such non-compete agreements resulting from the sale of a business and implement them when they are (1) reasonably limited in time and territory (2) by valuable consideration and (3) do not prejudice the public interest. [4] 5) The Confederation is supported by valuable reflection. “Consideration” is a value that is given in exchange as part of an agreement. Therefore, the employer must give something valuable to a worker in exchange for the worker`s agreement not to compete. In South Carolina, an offer of employment to the worker is a sufficient consideration to impose an obligation of non-participation. However, if an employment relationship already exists before the worker is asked to accept a non-compete obligation, this agreement must be based on a new consideration (e.g. B the payment of money) and not simply on the maintenance of employment. South Carolina courts have found that restrictive agreements are enforceable when the terms are reasonable and necessary to protect a legitimate business interest of the employer. . .

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