The South Carolina non-compete & non-solicitation agreement limits an employee’s ability to conduct business with other parties both while employed and following the expiration of their employment. With an agreement in place, the employer ensures that their business interests are secure by enforcing a period and geographic range in which the employee is prohibited from engaging in competitive business activity. For example, an employer may request that, for a two (2) year period, an employee does not work for any like businesses located within a fifteen (15) mile radius. The agreement also specifies a period during which the employer is prohibited from soliciting customers, other employees, etc.

Laws – No statutes. However, as referenced in the case of Faces Boutique, Ltd. v. Gibbs, 455 S.E.2d 707, 708-09, South Carolina courts have determined that an agreement will only be enforced under the following conditions:

  • The agreement is needed to protect the legitimate interests of the employer
  • The geographic and time limitations are reasonable
  • It is not oppressive and unduly harsh in preventing the employee’s efforts of earning a livelihood
  • It is consistent with public policy
  • The employee was offered valuable consideration when the contract was signed

Non-Compete Limit – No Statutes.

Non-Solicitation Limit – No Statutes.