Are post employment restrictions enforceable?

A post-employment restraint will only be enforceable by a court if it is considered reasonable in its scope and for the protection of the employer's legitimate business interests.whether the restraint is unduly injurious to the interests of the employee and the public.

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South Carolina Termination of Agreement as to Restricted Covenants

South Carolina Termination of Agreement as to Restricted Covenants

Name: South Carolina Termination of Agreement as to Restricted Covenants
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.58 (372 reviews)

Category:

South Carolina Employment - Agreements

State:

South Carolina

Control #:

SC-LR032

Format:

Instant download

Description

A restrictive covenant is an agreement between an employer and employee that limits an employee's ability to compete after leaving the employer. This form is used to terminate said agreement.

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How to fill out South Carolina Termination Of Agreement As To Restricted Covenants?

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FAQ

A post-employment restraint will only be enforceable by a court if it is considered reasonable in its scope and for the protection of the employer's legitimate business interests.whether the restraint is unduly injurious to the interests of the employee and the public.

The general position is that post-termination restrictive covenants are void on public policy grounds as being in restraint of trade, unless they are being used by the employer to protect a legitimate business interest.

Certain covenants under declaration may also expire after a certain period of time, if so provided in the document itself.Covenants can also be terminated by courts, upon a showing of illegality, abandonment, or even changed circumstances (i.e., inequitable to continue enforcing said covenant).

Post termination restrictions are often found in employment contracts to seek to protect the employer if and when that employee leaves.If a clause seeking to restrict a former employee is too wide and restrictive there is a risk it will not be deemed reasonable and may not be enforceable.

Restrictive covenants can be utilised in employment contracts; however it is vital that any employer looking to protect their business by these measures ensure such restrictions are reasonable in order for them to be enforceable through the Courts.

South Carolina Termination of Agreement as to Restricted Covenants

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