South Carolina Noncompete Agreement: What's Included and Enforceability
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Is a Non-Compete Agreement Enforceable in South Carolina?
In South Carolina, non-compete agreements are permitted for the purposes of protecting an employer’s legitimate business interests. In order for the contract to be enforceable, it must adhere to several standards laid out by the South Carolina Supreme Court.
These standards include:
- The restrictions are reasonable and no greater than necessary to protect the employer’s business interests.
- The agreement cannot be overly oppressive and hinder an employee’s efforts to earn a livelihood.
- The non-compete must be reasonable in duration and geographic boundaries.
- The agreement is supported by consideration.
- The terms of the contract do not negatively impact the public.
To determine reasonability, the court will use a balance test. A non-compete agreement should balance the interests of protecting an employer with the employee’s right to earn a living. If the contract isn’t balanced, it will be unenforceable.
How Long Does a South Carolina Non-Compete Agreement Last?
The Supreme Court of South Carolina has historically upheld non-compete agreements that last three years or less. The term will begin when the employment relationship is terminated.
How Do You Get Around a Non-Compete Agreement in South Carolina?
To get around a non-compete agreement in South Carolina, the employee will need to prove to the court that the contract is unreasonable and doesn’t abide by the standards laid out by the Supreme Court.
Courts in South Carolina allow the practice of “blue penciling”. This allows courts to modify agreements to make an otherwise unenforceable contract enforceable. The rules in South Carolina allow courts to strike out unreasonable provisions in a non-compete agreement only if the agreement contains a severability clause.
What Voids a South Carolina Non-Compete Agreement?
All non-compete agreements must be supported by consideration of they will be void. In South Carolina, continued employment can be sufficient consideration. However, if an employee is presented with a non-compete after being hired, there needs to be new consideration.
Frequently Asked Questions
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Meet some of our South Carolina Noncompete Agreement Lawyers
Jonathan M.
Owner and operator of Meek Law Firm, PC. Meek Law Firm provides comprehensive business law representation, precise and informed representation for real estate transactions in the commercial and residential markets of North and South Carolina and efficient succession and estate planning for business owners and individuals.
"He educated and did a through job with making sure that all the bases were covered in the contract reviewed. I do hope to work with again."
Brad T.
William Bradley Thomas, or Brad, is a seasoned attorney in South Carolina, offering expert counsel to both emerging and established businesses and individuals. His specialties encompass alcohol licensure, asset protection, business law, Counsel on Call Concierge Legal Service™, estate planning, NFA firearms trusts, legal research, and document review. Brad’s unique approach is informed by his rich experience and diverse background. Not only is he a devoted father to three daughters (Anna, Kate, and Jessica), but he also served as the assistant Oconee County, South Carolina attorney. A pioneer in the local industry, he co-founded Carolina Bauernhaus Brewery & Winery, the state’s first farmhouse brewery and winery. His other roles have included membership in the South Carolina Bar Association’s House of Delegates, a board member of the South Carolina Brewers Guild, and an affiliate member of the same organization. Moreover, Brad is a certified Design for Six Sigma (DFSS) Green Belt and has accumulated over a decade’s worth of experience conducting onsite audits and financial analyses on domestic and international secured credit transactions, totaling over $5 Billion across diverse industries. With such a comprehensive skill set, Brad can provide sound legal and business advice that can help you manage and expand your business operations effectively. He can assist with selecting and establishing the most appropriate legal entity for your company, securing and retaining federal and South Carolina alcohol licensure, securing company incentives, and drafting, reviewing, and negotiating favorable contracts. All these services are designed to minimize risk and maximize both earnings and tax savings. Brad also offers estate planning services. Recognizing that life’s ups and downs can sometimes distract from ensuring that your loved ones are well taken care of, Brad applies the same legal and business fundamentals to his estate planning practice. These services include the preparation of wills, NFA firearms trusts (gun trusts), power of attorneys, and advance directives. So when your day at the office is over, you can relax, knowing that your business is running smoothly and your family’s future is secure, thanks to a tailored estate plan. If you’re seeking a trusted ally to guide you in business and personal legal matters, contact Brad Thomas at bthomas@scattorneysatlaw.com or review his firms website at www.scattorneysatlaw.com and discover how he can help you confidently navigate and enjoy all aspects of your life!
"Brad was responsive, professional and very helpful. I would definitely recommend him."
Ryan D.
Ryan Duffy is a skilled attorney with extensive experience in business law and estate planning. He received his undergraduate degree in Business from Franklin & Marshall College and went on to graduate from Villanova University Charles Widger School of Law. Ryan has worked with numerous clients on matters ranging from business formation and contract drafting to estate planning and asset protection. He is dedicated to helping businesses of all sizes achieve their goals while minimizing legal risks. He also works closely with individuals and families to help them protect their assets and plan for the future. With his extensive knowledge and practical approach, Ryan can provide valuable legal guidance and support to clients in need of business law and estate planning services.
"Awesome work, really put my mind at ease during a contract dispute with a major company."
April 17, 2023
Andrew M.
Business Venture Law: Andrew Moore, Esq. focuses on solving modern business problems with common sense at affordable rates.
Rob D.
Attorney with 10 years experience focusing on corporate transactions and formations, real estate, and estate planning.
July 9, 2024
Joshua S.
Business-focused attorney with a proven track record of providing comprehensive organizational support in a fast-paced setting under increasingly tighter deadlines. With experience in not just Legal, but also in Sales and Finance, balancing corporate interests against risk exposure to produce the ideal organizational solution – i.e., “seeing the big picture” – comes naturally. Exceptional communicator who thrives at building trusted relationships both internally & externally, as well as distilling complex legal concepts into more easily digestible ideas. Highly adept negotiator with an extensive understanding of a wide variety of contractual arrangements (Purchasing, Leasing, SaaS, ISAs, BAAs, DPAs, NDAs, etc.), and a working knowledge of major domestic and global data privacy laws. Passionate about sports, entertainment, and people.
April 18, 2025
Lauren A.
Lauren Acquaviva focuses her practice on alcohol licensing matters. Lauren has tried over one hundred tax and alcohol license cases at the South Carolina Administrative Law Court during her career. She also has handled appeals, including arguing before the South Carolina Court of Appeals and the South Carolina Supreme Court. A New Jersey native, Lauren graduated from Monmouth University Summa Cum Laude in 2009 with a B.S. in Social Work and a passion for advocating on behalf of children. Immediately thereafter, Lauren moved to South Carolina to attend the University of South Carolina School of Law from where she graduated in 2012 in the top third of her class. During law school Lauren became a member of the Mock Trial Bar where she honed her trial skills and fell in love with being in the court room. In September of 2012, shortly after graduating from law school with the desire to become a trial attorney, Lauren began working for the South Carolina Department of Revenue (SC DOR) where she spent six years litigating alcohol licensing and tax matters on behalf of the Department. Lauren left the SC DOR in October of 2018 and joined a Mount Pleasant Law firm. In October of 2019, Lauren founded Viva Law Firm so she could focus on helping people navigate the complexities of South Carolina’s alcohol regulations.
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Browse Lawyers NowLawyer Reviews for South Carolina Noncompete Agreement Projects
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"Delivered the scoped work product ahead of the agreed deadline. The memorandum was clear, well-organized, and the analysis was actionable. Texas covenant knowledge as advertised. One caution: the bid listed a deliverable that was later recharacterized, and all requests were answered with strict scope language. Ensure everything from the bid appears in the engagement letter before signing. Work quality: strong. Style: strictly transactional."
Reply From Philips V.
Thank you for taking the time to share your feedback. This engagement was a limited‑scope project focused on providing written legal analysis to the four specific questions in your bid request. You selected my bid after your clarifying questions were fully answered, and the engagement letter reflected that scope as written. The work product delivered matched the scope requested and agreed to in the engagement letter. Clear deliverables upfront make short, fixed‑fee engagements efficient and predictable, and they help ensure competitive bids are evaluated on a consistent scope. We all expect a level playing field with fixed goal posts. I am glad to hear the memorandum was clear, well organized, and actionable, and that the work quality and timeliness met your expectations. I appreciate the opportunity to assist with your Texas covenant review.
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"Paul was incredibly helpful in reviewing a non-compete agreement I needed to sign. He helped me understand the key risks, identify what was worth negotiating, and prepare redlines to bring the agreement more in line with Massachusetts law. He was knowledgeable, responsive, and practical throughout the process. I would definitely work with him again."
Employee Rights
Noncompete Agreement
Washington
Can my employer enforce a non-compete agreement if I was laid off due to COVID-19?
Can my former employer legally enforce the non-compete agreement I signed when I was hired, considering I was recently laid off due to the economic impact of COVID-19 and the agreement seems to restrict my ability to find new employment in my field? I have been actively seeking new job opportunities in the same industry, but potential employers are hesitant to hire me due to the non-compete agreement, which restricts me from working for competitors or starting my own business in the same field for a certain period of time. I want to understand if the non-compete agreement is still valid and enforceable given the circumstances of my layoff and the current job market conditions.
Merry K.
I'm sorry, but your question is impossible to answer without reviewing your contract and knowing more about your type of job and compensation. Be aware that terms in such agreements are often found to be non-enforceable. You can start by reviewing the Washington State law on point: https://app.leg.wa.gov/rcw/default.aspx?cite=49.62&full=true
Business Contracts
Noncompete Agreement
California
Noncompete agreement time restrictions?
I am an entrepreneur who recently signed a Noncompete Agreement with a potential business partner, and I am looking to gain a better understanding of the time restrictions that are in place. I am concerned that the terms of the agreement may prevent me from pursuing other opportunities in the future and want to make sure I am aware of all the restrictions before making any decisions.
Gagandeep K.
The non-compete agreement will likely specify the non-compete period/time restriction. If that is not obviously stated, you should consider having an attorney review the non-compete agreement. Typically, a non-compete agreement in a partnership or LLC places a geographic limitation for a certain time period such that the partner/member is prevented from carrying-on a similar business in a geographic area where the partnership/LLC has done and continues to do business. You can read more about non-compete agreements in California here: https://www.contractscounsel.com/t/us/noncompete-agreement/california.
Employment
Noncompete Agreement
New Jersey
Can I work for a competitor with my current noncompete?
I have ended my non competent consulting agreement with my current employee and I have an offer to work as an employer “not as consultant” with a competitor company to my privious employees so can I work as an employee without any problem? The consultant agreement says the following: Under any circumstances the consultant shall not engage directly or indirectly either as a principal agent , consultant,stock holder , partner or in any other capacity whatsoever have any other relationship with any business which compete with the company in USA.
Jane C.
I suggest that you have an attorney review the entire agreement. It is hard to comment reading a paragraph taken out of context. From the limited facts you present, it seems that you cannot accept this job offer without violating the terms of the non-compete. Disclaimer - This information is provided for general informational purposes only. No information contained in this post should be construed as legal advice and does not establish an attorney-client relationship.
Business
Noncompete Agreement
Florida
Noncompete agreement and business partners?
I am a business owner who has recently acquired a new partner. We are in the process of drafting a Noncompete Agreement to ensure that neither of us will compete against each other in the same market. We are looking for advice on what should be included in the agreement and how it should be enforced.
Daniel D.
The one thing to make sure with noncompete agreements is that it is reasonable in terms of duration and the area you cannot compete in. Courts use a reasonableness test to determine whether a noncompete agreement is valid. If provisions are deemed to be unreasonable and fail the test, they could be altered or struck out of the agreement.
Employee Rights
Noncompete Agreement
Florida
Noncompete agreement geographic scope?
I recently left my job of five years and have been offered a new position with a competitor. The new employer has asked me to sign a noncompete agreement. I am concerned about the geographic scope of the agreement and need to understand what areas it would cover, and if it would prevent me from taking a position with a competitor in another state or country.
Daniel D.
The Courts use a reasonableness standard determine if a non-compete is reasonable in time and geographic scope. It would be necessary to see the non-compete to tell you what it says, the areas it would cover and if it would prevent you from taking another position.
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