South Carolina Non-Solicitation Agreement

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Updated April 20, 2022

South Carolina non-solicitation agreement is a contract between an employer and an employee that restricts the employee from soliciting the employer’s customers for a period of time and within a geographic area after terminating employment with that employer. The agreement is designed to protect the employer’s investment of time and money into building a customer base.

Legally Enforceable in South Carolina?

Yes, non-solicitation agreements are legally binding in South Carolina, though there is no specific state statute pertaining to them. Enforceable agreements must contain reasonable provisions relating to the timeframe and geographic scope in which an employee is restricted from solicitation of customers (Sermons v. Caine Estes Ins. Agency (1980)). An agreement can be enforced if it is reasonable (Rental Uniform Service of Florence, Inc. v. Dudley (1983)). Restrictive agreements are not favored by the court.