South Carolina Non-compete Agreement Template

The South Carolina non-compete agreement is a legal form signed by an employee and employer to protect the information that the company uses in its daily business operations.

With this covenant, you as an employer may protect:

  • Customers’ data
  • Information about software, database, and other items
  • Other employees’ details
  • Competitors’ details.

Among the reasons to complete and sign a non-compete agreement template is a desire to save your company’s secrets from competitors that work in the same industry as you.

South Carolina Non-Compete Agreement Form

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An employee who signs the paper is called the “Recipient” while the other party is called the“Company” in such agreements. An independent contractor or a partner might be a recipient, too.

Today data safety is a priority; in the world of modern technologies, advanced devices, and social networks, keeping the information in secrecy becomes harder and harder every day, and the consequences of revealing the information may be dreadful.

With non-compete agreements, many employers try to ensure that their team members will not pass over the important data to other people: wives and husbands, other family members, friends, random acquaintances, and competitors.

Revealing the company’s secret info might be subject to a penalty. Management of each company decides whether the worker should be fired, fined, or cautioned for the misconduct. The penalties should also be described in the South Carolina non-compete agreement.

The structure of non-compete agreements is more or less the same for South Carolina and other American states. Anyone creating the form has to include specific sections in the document:

  • Employee and employer’s names and signatures. The agreement is not effective if it does not contain both parties’ full names and signatures.
  • Terms of agreement. Firstly, the agreement itself should be dated. Secondly, there has to be a “Terms” section, stating the dates when the agreement becomes effective and stops being effective. Employers choose different terms; usually, the document is valid for as long as the employee works in the company. However, some companies oblige their ex-employees to keep the secret for a specific time after quitting.
  • Conditions regarding confidential information. In a non-compete agreement, an employer has to define the company’s confidential information, what employees can share, the penalties, and other possible peculiarities relevant to the case. Typically, there is a “Purchase option” in non-compete agreements. An employer may set a price that an employee should pay to make the agreement void.

Some states restrict non-compete agreements. For example, you do not have to sign such a form if you are working on a specific position in broadcasting, healthcare, cosmetology, or some other fields, in particular states.

South Carolina NCA Laws and Restrictions

All non-compete agreements in the United States should conform to state laws. However, South Carolina does not offer any statutes regarding NCAs.

Therefore, the South Carolina non-compete agreement template can be formed and signed without any limitations from the government’s side. Such agreements are considered enforceable in the state, but making and signing them is discouraged.

There is also a set of rules regarding non-compete agreements traditionally applied in South Carolina. Such agreements may occur only if:

  • The company needs to protect its business interests.
  • They are sensibly constrained in duration and place.
  • They are not too severe for the worker and still let the worker earn a living.
  • They do not contradict the current policy and views of the state government.
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Published: Jun 6, 2022
Jennifer M. Settles
Jennifer M. Settles
Author & Attorney
With over 25 years of experience as a business and transactional attorney, Jennifer has mastered the craft of closing highly successful deals for her clients. Through her wide-ranging expertise in commercial contracts, real estate transactions, M&A and corporate law, Jennifer secures results that are second-to-none.