Are non-solicitation agreements enforceable in South Carolina?

In South Carolina, non-compete agreements to prevent a former employee from soliciting the employer's clients are enforceable and may be substituted for a geographic limitation.

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Sample Noncompetition Agreement between The MarketLink Group...

South Carolina Sample Noncompetition Agreement between The MarketLink Group, Ltd., and On Site Media, Inc.

Name: South Carolina Sample Noncompetition Agreement between The MarketLink Group, Ltd., and On Site Media, Inc.
Brand: US Legal Forms
Rating: 4.63 (385 reviews)

Category:

Corporations - Agreements

State:

Multi-State

Control #:

US-C-12-2315

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Instant download

Description

This is a non-competition agreement between a company and a corporation. The company agrees not to use divulge, furnish or make accessible to any third person or organization any confidential or proprietary information pertaining to the formation and business plans of the company and the transactions contemplated in connection therewith, or confidential or proprietary information concerning the company or its business or operations which information is not in the public domain, and which information is developed by or comes into possession of the company.

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How to fill out South Carolina Sample Noncompetition Agreement Between The MarketLink Group, Ltd., And On Site Media, Inc.?

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FAQ

After expiration or termination of this agreement, employee name agrees not to compete with company name for a period of number years within a number mile radius of company name and location.

South Carolina courts may enforce covenants not to compete if they meet all of the following five criteria: Necessary for the protection of the legitimate interest of the business Simply avoiding competition or the loss of a trained employee are not legitimate business interests.

Here are five ways to beat a non-compete agreement.Prove your employer is in breach of contract.Prove there is no legitimate interest to enforce the non-compete agreement.Prove the agreement is not for a reasonable amount of time.Prove that the confidential information you had access to isn't special.More items...

Non-solicitation clauses that are clear, carefully drafted, and suitably retrained in temporal and spatial terms, are often enforceable. An appropriate clause will serve the purpose of protecting the employer without unduly compromising a person's ability to work in their industry.

Escaping Nonsolicitation AgreementsDon't sign.Build your book independently.Carve out pre-existing relationships.Require for cause termination as the trigger.Provide for a payoff.Turn clients into friends.Don't treat clients as trade secrets.Invest in your own business.

You Can Void a Non-Compete by Proving Its Terms Go Too Far or Last Too Long. Whether a non-compete is unenforceable because it covers too large of a geographical area or it lasts too long can depend on many factors. Enforceability can depend on your industry, skills, location, etc.

In South Carolina, non-compete agreements to prevent a former employee from soliciting the employer's clients are enforceable and may be substituted for a geographic limitation.

A standard non-compete agreement is a formal agreement between an employer and employee that states that the employee will not engage in any employment activities that are in competition or conflict with their primary job.

In order to be enforceable, a non-compete agreement must include an offer, acceptance, intent, and a benefit or consideration to the employee in exchange for his or her promise. The benefit could be as simple as getting the job or, for an existing employee, getting a promotion or raise.

The short answer to whether non-solicitation agreements are enforceable in California is maybe. As a general rule, an employee is bound by a reasonable contract that prohibits an employee from soliciting former clients or employees of the employer.

South Carolina Sample Noncompetition Agreement between The MarketLink Group, Ltd., and On Site Media, Inc.

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