Non-solicitation agreements are a business contract between a South Carolina business entity and an employee, where the employee agrees not to solicit the business’ clients or customers for his/her own benefit after leaving the business.
Today more than ever, employers have hired valuable employees who are instrumental to their business or corporation. These employes do everything in their power to keep these employees from leaving and taking their skills and knowledge with them. With the current business environment of increased mobility, speed of information and how it can be distributed, decreased loyalty, and the massive amount of capital investment spent by the employer in producing intellectual property, and businesses, both big and small, are increasingly making it a requirement that employees sign restrictive non-compete agreements to discourage employee solicitation of customers.
As discussed in previous comments, South Carolina law still favors the free mobility of employees. However, along with the increased number of employers requiring employees to sign these non-solicitation agreements comes an increased number business clients that are seeking counsel from our Charleston commercial litigation lawyer to enforce these restrictive covenant. Additionally, the body of law governing the area of restrictive covenant has been changing.