South Dakota Noncompete Agreement: What's Included and Enforceability
Quick Facts — Noncompete Agreement Lawyers
- Avg cost to draft a Non-Compete Agreement: $550.00
- Avg cost to review a Non-Compete Agreement: $360.00
- Lawyers available: 233 employment lawyers
- Clients helped: 328 recent noncompete agreement projects
- Avg lawyer rating: 4.98 (85 reviews)
Is a Non-Compete Agreement Enforceable in South Dakota?
Yes. In South Dakota, non-compete agreements are permitted and enforced as long as the agreement adheres to certain rules and regulations. South Dakota regulates non-compete agreements based on whether the employee was fired or voluntarily quit their job.
Employees who are fired. When an employee is fired, non-compete agreements must meet the following standards:
- The restrictions are no greater than required to protect the employer.
- The restrictions do not impose undue hardship on the employee.
- The contract is no injurious to the public.
Employees who quit voluntarily. When an employee chooses to leave their job, the non-compete does not have to follow the same standards as a terminated employee and the contract does not have to pass a reasonability test.
How Long Does a South Dakota Non-Compete Agreement Last?
South Dakota laws have placed a two-year maximum term on non-compete agreements. This time begins on the date the employee is terminated.
How Do You Get Around a Non-Compete Agreement in South Dakota?
If an employee wishes to get around a non-compete agreement or terminate the agreement, they will have to show the court that the contract does not follow the statutes governing non-compete agreements.
If an employee was fired, they can do this by showing that the contract is overly broad or unreasonably restrictive. South Dakota allows courts to modify unreasonable non-compete agreements in favor of the employee in a practice called “blue penciling”. While this won’t terminate the agreement, it will make the terms more manageable for the employee.
What Voids a South Dakota Non-Compete Agreement?
A non-compete agreement will be deemed void if it is found that the contract was not entered into voluntarily. Like all contracts, the parties entering a non-compete must do so free of threat or coercion or the contract will be void and unenforceable.
Frequently Asked Questions
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Meet some of our South Dakota Noncompete Agreement Lawyers
August 23, 2025
Alexander C.
I am a solo practitioner that runs my own legal practice. I am currently licensed in 16 states and I'm working to expand that reach.
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"Valerie was professional, quick, and precise. Will reach out to her for any future matters. Thank you."
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It was a pleasure serving you! Looking forward to helping you in the future.
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"Paul was stellar in every way. Highest recommendation possible; I will be continuing to partner with him. Thank you, Paul."
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"Zack was a pleasure to work with. He was thorough, responsive, and provided clear, practical guidance for my situation."
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"The whole process felt smooth and professional, and he stayed within the agreed budget. I would definitely recommend him."
Edward B.
When the pressure mounts and the outcome matters most, Edward L. Blair IV doesn’t just step up—he dominates. As a formidable Florida-based attorney, Mr. Blair commands every case with the unshakable focus of a warrior and the calculated precision of a master strategist. His expertise in drafting pleadings, motions, and contracts transforms legal writing into a sharp-edged instrument—an arsenal of language wielded with power and purpose. Edward L. Blair IV is not just an attorney—he’s a lionhearted force of advocacy. Every case is a mission, and every client is a cause worth fighting for. His strategic legal insight doesn’t just navigate complexity—it crushes confusion, eliminates doubt, and clears the path to victory. Respected by clients and relentless in pursuit of justice, he approaches each legal battle as a personal crusade. When you choose Blair Legal Solutions LLC, you gain more than representation—you gain a relentless ally. Your battle becomes his, and he won’t rest until the job is done.
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Employment
Noncompete Agreement
Delaware
Employee contract, such as non compete/non solicit, could having this contract ever result in criminal/jail time?
If someone accuses you of fraud, because they believe you never had intended to honor your employment contract such as non-compete/non-solicit. Could this ever become a criminal case, resulting in criminal/jail time?
Matthew S.
No, at worst, it is a breach of a contract which is a civil matter to be handled in civil court.
Employment
Noncompete Agreement
Washington
Noncompete agreement and public policy?
I recently accepted a job offer with a new employer who asked me to sign a noncompete agreement. I am concerned that the agreement may not be in line with public policy and wanted to get a professional opinion from a lawyer to make sure I am not putting myself in a difficult situation.
Merry K.
If you are in Washington State, where I'm licensed, as opposed to D.C., please let me know what kind of help you are looking for - have you already signed the agreement? I've been a WA State attorney for nearly 38 years, and specialize in employment law.
Employer
Noncompete Agreement
Florida
How to draft a noncompete agreement?
I am a business owner who is looking to hire a new employee and I want to ensure that my business does not suffer from any competition that the employee might bring in the future. I need to know how to draft a noncompete agreement so that I can protect my business from any potential risks.
Daniel D.
Some things that would be relevant to know are: what industry are you in? What specific competition are you worried about? Are you going to include non-disclosure provisions, no-solicitation provisions or non-circumvention provisions? What risks are you specifically worried about?
Contracts
Noncompete Agreement
Florida
Noncompete agreement choice of law?
I recently accepted a job offer with a new employer and they sent me a Noncompete Agreement to sign. I have some questions about the agreement, specifically related to the choice of law. My former employer and I are in different states, and I want to make sure I understand the implications of the agreement before signing.
Venus C.
Congratulations on your new job. Generally, a choice of law clause contained in a non-compete agreement indicates which state law will govern the contract. By way of general example, let's pretend we have a non-compete agreement that states the choice of law is Florida. Let's also pretend the parties to this agreement had a dispute and one party filed a lawsuit against the other in the state of New York. In this pretend scenario, because the parties agreed Florida to be their choice of law for the non-compete agreement, the court in New York would abide by that contractual agreement and apply Florida law. While choice of law clauses are commonly used to indicate what law will apply to a contract, the language used or omitted plays a significant role in their interpretation and enforceability.
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.
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Non-compete analysis
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