Can I require employees to sign non-compete agreements in South Carolina? What are the requirements?

Non-compete agreements are enforceable in South Carolina, but there are certain requirements that must be met.

Requirements for Non-Compete Agreements in South Carolina

1. Consideration: The employee must receive something of value in exchange for signing the non-compete agreement, such as a job offer, a promotion, or access to confidential information.
2. Reasonableness: The non-compete agreement must be reasonable in scope, duration, and geographic area. The agreement must protect a legitimate business interest, such as trade secrets, confidential information, or customer relationships.
3. Writing: The non-compete agreement must be in writing and signed by both parties.
4. Notice: The employer must provide the employee with notice of the non-compete agreement at the time of hiring or at least two weeks before the agreement becomes effective.
5. No undue hardship: The non-compete agreement must not impose an undue hardship on the employee.

Jurisdiction

South Carolina

• Labor