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No state law has been enacted to govern these contracts but, generally, they will be enforced if the provisions safeguard the employer’s competitive advantage in a reasonable manner. A non-solicitation agreement covers the duration of the restriction, which employees and clients the employee is prohibited from soliciting, and whether or not geographical limitations will be implemented.
- Statutes: Not mentioned in state statutes.
- Legally Enforceable?: Yes, non-solicitation agreements are enforced using common law in the same capacity as non-compete agreements.
- Requirements (Oxman v. Sherman, 122 S.E.2d 559 (S.C. 1961)): The following factors are considered by a court of law to determine the validity and enforceability of an NSA:
- Does the agreement aim to protect a legitimate business interest?
- Are there reasonable durational and territorial limitations?
- Does the agreement unjustly impede the employee’s livelihood?
- Does it reasonably conform with public policy?
- Has the employer provided valuable consideration to the employee?
Related Forms (2)
South Carolina Non-Compete Agreement – Establishes restrictive measures against an employee to prevent them from competing directly or indirectly with their former employer.
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South Carolina Non-Disclosure Agreement – A contract that aims to protect a company’s trade secrets and other confidential information from unwanted disclosure and misuse.
Download: PDF, Word (.docx), OpenDocument