Non Solicitation Agreement South Carolina

With respect to non-invitations, the South Carolina courts imposed a non-invitation clause that prevents a former employee from “selling on the accounts or territory” where he had carried out his business agent. [15] In one case, a national restriction on competition was found to be unenforceable, as the worker only requested clients on behalf of his employer in two of the counties during his employment. [16] If you or someone you know needs help understanding the law regarding non-compete clauses in South Carolina, if you have been sued for violating a non-compete clause, if you have received a letter of omission regarding your non-competition obligations or other provisions of an employment contract, contact our company at 864-527-5906 for a free consultation. As noted above, the non-competition agreement may also contain other provisions that are broad enough to resemble a non-competition clause. In South Carolina, our courts have decided that any so-called non-invitation agreement, which in practice amounts to a non-compete clause, would be assessed under the same rules as non-competition prohibitions. In that case, the Tribunal found that the non-appeal agreement was not applicable. You have worked for a company for several years and you continue to move forward; Under a non-compete agreement that you signed when you started working with your former company, you now have limitations and limitations in your ability to work in the same sector as your previous position. And now? What does “public policy” mean? Good question. In one case, our Supreme Court ruled that under New Jersey law, an employment contract cannot be obtained by the court with a “blue pencil” (i.e.

rewritten) and is enforced in South Carolina, when the agreement is supposed to be subject to New Jersey law! A company has the right to protect its business and intellectual property, but only in a “reasonable” manner. In the cases mentioned above, the answers may ultimately depend on the judicial analysis, which is appropriate in the context of your non-competition agreement. For example, Louisiana appears to allow a court to reduce the terms of a non-compete clause to make them enforceable, for example to reduce the seizure period from 2 years to one year if the court finds that one year was appropriate, but two years were too long. South Carolina, however, does not allow this “blue pencil” (i.e. rewriting) of an employment contract. The rationale for not allowing the courts to use the “blue pencil” is simple, namely that the court`s mission is to enforce the parties` agreements, not to rewrite them.

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