South Dakota Noncompete Agreement: What's Included and Enforceability

Quick Facts — Noncompete Agreement Lawyers

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:

  1. The restrictions are no greater than required to protect the employer.
  2. The restrictions do not impose undue hardship on the employee.
  3. 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

How do I hire a lawyer to draft a noncompete agreement in South Dakota?

See Noncompete Agreement by State

See Real Non-Compete Agreement Projects

Utah Non-compete analysis Review
  • Utah
  • 3 lawyer bids
  • $495 - $1,850
View Details
Massachusetts Non-Compete Clause in Employment (1099) contract Review
  • Massachusetts
  • 5 lawyer bids
  • $250 - $795
View Details
California Non-Compete agreement Review
  • California
  • 5 lawyer bids
  • $350 - $400
View Details
Florida Review Noncompete Agreement Review
  • Florida
  • 8 lawyer bids
  • $240 - $700
View Details
Florida Review Employment Contract Non-Compete Clause for Chiropractor Review
  • Florida
  • 4 lawyer bids
  • $150 - $399
View Details
Illinois confidentiality and non-compete agreement review Review
  • Illinois
  • 6 lawyer bids
  • $599 - $850
View Details

See all Non-Compete Agreement projects in South Dakota


ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.


Need help with a Noncompete Agreement?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 24,312 reviews

Meet some of our South Dakota Noncompete Agreement Lawyers

Alexander C. on ContractsCounsel
View Alexander
Member Since:
August 23, 2025

Alexander C.

CEO
Free Consultation
Tampa, Florida
6 Yrs Experience
Licensed in SD AL, MO, OR, UT
The George Washington University Law School

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.

Find the best lawyer for your project

Browse Lawyers Now

Lawyer Reviews for South Dakota Noncompete Agreement Projects

Legal Advice Needed on Non-Compete in Government Consulting Sector

5.0

"Great to work with, thorough, patient, and excellent explanation and detailed information."

Texas
Premium
Paid Consultation
Non-Compete Agreement
ContractsCounsel User

NDA

5.0

"Quick efficient and helped me understand everything"

Tennessee
Review
Non-Compete Agreement
ContractsCounsel User

Non-Compete Agreement and Employment Offer Review, Pre-signing

5.0

"Paul was stellar in every way. Highest recommendation possible; I will be continuing to partner with him. Thank you, Paul."

Massachusetts
Review
Non-Compete Agreement
ContractsCounsel User

Review Restrictive-Covenant Agreement for Employee in Massachusetts

5.0

"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."

Massachusetts
Review
Non-Compete Agreement
ContractsCounsel User

Review Noncompete Agreement

5.0

"Very responsive and communicated findings clearly and in depth."

Tennessee
Review
Non-Compete Agreement
ContractsCounsel User

Meet some of our other Noncompete Agreement Lawyers

Benjamin W. on ContractsCounsel
View Benjamin
5.0 (32)
Member Since:
March 11, 2021

Benjamin W.

Founder
Free Consultation
Los Angeles, CA
11 Yrs Experience
Licensed in CA
UCLA School of Law

I am a California-barred attorney specializing in business contracting needs. My areas of expertise include contract law, corporate formation, employment law, including independent contractor compliance, regulatory compliance and licensing, and general corporate law. I truly enjoy getting to know my clients, whether they are big businesses, small start-ups looking to launch, or individuals needing legal guidance. Some of my recent projects include: -drafting business purchase and sale agreements -drafting independent contractor agreements -creating influencer agreements -creating compliance policies and procedures for businesses in highly regulated industries -drafting service contracts -advising on CA legality of hiring gig workers including effects of Prop 22 and AB5 -forming LLCs -drafting terms of service and privacy policies -reviewing employment contracts I received my JD from UCLA School of Law and have been practicing for over five years in this area. I’m an avid reader and writer and believe those skills have served me well in my practice. I also complete continuing education courses regularly to ensure I am up-to-date on best practices for my clients. I pride myself on providing useful and accurate legal advice without complex and confusing jargon. I look forward to learning about your specific needs and helping you to accomplish your goals. Please reach out to learn more about my process and see if we are a good fit!

Recent  ContractsCounsel Client  Review:
5.0

"Benjamin was a great communicator. He understood that I was looking to negotiate, not litigate. Very happy with the work. Hiring him for a second project now."

David B. on ContractsCounsel
View David
5.0 (1)
Member Since:
April 1, 2021

David B.

Attorney
Free Consultation
Trussville, Alabama
30 Yrs Experience
Licensed in AL
Birmingham School of Law

A twenty-five year attorney and certified mediator native to the Birmingham, Alabama area.

Recent  ContractsCounsel Client  Review:
5.0

"David was able to meet my turnaround time and still do a thorough job and provide great feedback on my document."

Rebecca S. on ContractsCounsel
View Rebecca
5.0 (2)
Member Since:
April 6, 2021

Rebecca S.

Attorney/Owner
Free Consultation
San Diego, CA
15 Yrs Experience
Licensed in CA, DC, VA
New England School of Law

I absolutely love helping my clients buy their first home, sell their starters, upgrade to their next big adventure, or transition to their next phase of life. The confidence my clients have going into a transaction and through the whole process is one of the most rewarding aspects of practicing this type of law. My very first class in law school was property law, and let me tell you, this was like nothing I’d ever experienced. I remember vividly cracking open that big red book and staring at the pages not having the faintest idea what I was actually reading. Despite those initial scary moments, I grew to love property law. My obsession with real estate law was solidified when I was working in Virginia at a law firm outside DC. I ran the settlement (escrow) department and learned the ins and outs of transactions and the unique needs of the parties. My husband and I bought our first home in Virginia in 2012 and despite being an attorney, there was so much we didn’t know, especially when it came to our HOA and our mortgage. Our real estate agent was a wonderful resource for finding our home and negotiating some of the key terms, but there was something missing in the process. I’ve spent the last 10 years helping those who were in the same situation we were in better understand the process.

Recent  ContractsCounsel Client  Review:
5.0

"Rebecca you were awesome I appreciate you working with me and helping me get this done. I look forward to working with you in the future."

Ema T. on ContractsCounsel
View Ema
Member Since:
March 12, 2021

Ema T.

Contract and IP Attorney
Free Consultation
New York, NY
8 Yrs Experience
Licensed in NY
Chicago Kent

I am a NY licensed attorney experienced in business contracts, agreements, waivers and more, corporate law, and trademark registration. My office is a sole member Law firm therefore, I Take pride in giving every client my direct attention and focus. I focus on getting the job done fast while maintaining high standards.

Samantha B. on ContractsCounsel
View Samantha
Member Since:
April 15, 2021

Samantha B.

Principal and Founder
Free Consultation
Chicago
12 Yrs Experience
Licensed in FL, IL
Ave Maria School of Law

Samantha has focused her career on developing and implementing customized compliance programs for SEC, CFTC, and FINRA regulated organizations. She has worked with over 100 investment advisers, alternative asset managers (private equity funds, hedge funds, real estate funds, venture capital funds, etc.), and broker-dealers, with assets under management ranging from several hundred million to several billion dollars. Samantha has held roles such as Chief Compliance Officer and Interim Chief Compliance Officer for SEC-registered investment advisory firms, “Of Counsel” for law firms, and has worked for various securities compliance consulting firms. Samantha founded Coast to Coast Compliance to make a meaningful impact on clients’ businesses overall, by enhancing or otherwise creating an exceptional and customized compliance program and cultivating a strong culture of compliance. Coast to Coast Compliance provides proactive, comprehensive, and independent compliance solutions, focusing primarily on project-based deliverables and various ongoing compliance pain points for investment advisers, broker-dealers, and other financial services firms.

Employment

Noncompete Agreement

Delaware

Asked on Dec 12, 2023

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.

Answered Dec 16, 2023

No, at worst, it is a breach of a contract which is a civil matter to be handled in civil court.

Read 1 attorney answer>

Employment

Noncompete Agreement

New York

Asked on Jun 29, 2023

Noncompete agreement breach consequences?

I recently left my job as an employee at a company that I had worked for for over a year. I was asked to sign a noncompete agreement when I began the job, which I did. I have since started a new job in the same industry as my former employer, which is in violation of the noncompete agreement. I am now wondering what the consequences of this breach of contract may be and am seeking legal advice.

Gregory F.

Answered Jul 6, 2023

I would be happy to schedule a paid telephone consultation with you to review the non-compete agreement, advise you on its scope and enforceability, and answer your questions. Please contact me via email at greg@fidlonlegal.com to discuss.

Read 1 attorney answer>

Contracts

Noncompete Agreement

Florida

Asked on Jul 30, 2023

Noncompete agreement and severance packages?

I recently left my job of 5 years, where I had signed a non-compete agreement. I am now negotiating a severance package with my former employer and am unsure of what my rights and obligations are regarding the non-compete agreement. I am seeking clarification on how the non-compete agreement should be handled in relation to the terms of my severance package.

Diane D.

Answered Sep 1, 2023

To be able to answer this question, I would need to see the agreements. No one can answer your question without seeing the agreements.

Read 1 attorney answer>

Contracts

Noncompete Agreement

Florida

Asked on May 19, 2023

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.

Answered May 23, 2023

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.

Read 1 attorney answer>

Business Contracts

Noncompete Agreement

California

Asked on May 21, 2023

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.

Answered May 30, 2023

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.

Read 1 attorney answer>
See more legal questions…

Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.

View Trustpilot Review

Need help with a Noncompete Agreement?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 24,312 reviews
Employment lawyers by top cities
See All South Dakota Employment Lawyers
South Dakota Noncompete Agreement lawyers by city
See All Noncompete Agreement Lawyers

ContractsCounsel User

Recent Project:
Non-Compete agreement
Location: California
Turnaround: Less than a week
Service: Contract Review
Doc Type: Non-Compete Agreement
Page Count: 3
Number of Bids: 5
Bid Range: $350 - $400
User Feedback:
Valerie was thorough and explained everything clearly. Quick response and accommodated tight timeline.

ContractsCounsel User

Recent Project:
Employment non compete question session
Location: California
Turnaround: Less than a week
Service: Drafting
Doc Type: Non-Compete Agreement
Number of Bids: 6
Bid Range: $249 - $500
User Feedback:
Michael was there to answer all my questions, and some I may have in the future.

Need help with a Noncompete Agreement?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 24,312 reviews

Want to speak to someone?

Get in touch below and we will schedule a time to connect!

Request a call

Find lawyers and attorneys by city