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Are South Carolina Anti competes enforceable. Current anti…

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Are South Carolina Anti...

Are South Carolina Anti competes enforceable. Current anti compete does not specify a geographical area but does specify customers I am not to call on. I'm of the mindset that because there is no defined geographical territory it is not enforceable?

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

At will,

Submitted: 7 months ago.Category: Employment Law
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12/13/2017
Employment Lawyer: Patrick, Esq., Lawyer replied 7 months ago
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,405
Experience: Significant experience in all areas of employment law.
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Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

Does the non-compete ONLY restrict your ability to compete against certain specifically named competitors? Or is that supplemental to a general restriction? Also, was this agreement signed at the onset of your employer? If not, and it was signed DURING your employment, were you give anything in exchange for signing? If you could answer ALL of these questions that would enable me to best assist you.

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Customer reply replied 7 months ago
No it wasn’t. Only customers I had sold to.Not a supplement.Signed when I started. Nothing in exchange for signing.
Employment Lawyer: Patrick, Esq., Lawyer replied 7 months ago

Thank you.

South Carolina permits non-compete agreements that are "reasonably limited in time and space." A limitation to specific competitors would in most cases be deemed reasonable, as the employer obviously contemplated the restriction it desires since it expressly enumerated who they didn't want you working for. In my experience, when a non-compete has been tailored in this fashion, courts will find the agreement to be reasonable in scope and thus enforceable. Agreements signed at the onset of employment do not require additional consideration to be enforceable, though agreements signed during the course of employment do, which is why I asked when you signed.

I truly wish I could tell you otherwise, but by working for one of the competitors whom you agreed not to work for, you would likely be found in breach of your contract and thus face exposure for damages. Again, I wish I had better news to give, but you are here for accurate information, not simply to be told what you want to hear, which would be worthless and even potentially dangerous for you.

If I can clarify anything at all for you, please do not hesitate to ask. It is my pleasure to assist you further if necessary....

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Employment Lawyer: Patrick, Esq., Lawyer replied 7 months ago

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