South Carolina Non-Compete Agreement Form

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South Carolina Non-Compete Agreement: What Is It?

In South Carolina, a non-compete agreement is a legal document that businesses use to protect their trade secrets and business practices from competitors by restricting the actions of their former employees. Companies do this by having an employee or key personnel member sign a written promise that they will not engage in competitive behavior by working for a competitor or procuring similar employment within a certain geographic radius. Although these agreements between an employer and an employee may be legally binding, the state of South Carolina does not have any specific laws that enforce these agreements.

South Carolina Non-Compete Laws - None

Although non-compete agreements are generally disfavored in South Carolina but will be upheld as long as the following conditions are met:

  • The agreement is absolutely necessary to protect the employer's trade secrets or business practices.
  • The agreement is reasonable both in time and geographic restriction
  • The non-compete does not impose greater restrictions than necessary on the employee's ability to earn a living
  • The contract is supported by valuable consideration and does not violate any public policy

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Sample South Carolina Non-Compete Agreement