Legal Question in Employment Law in South Carolina
Non-Compete clause
My spouse has a non-compete clause with his employer in South Carolina. My spouse is involved in sales, and I have over 15 years of sales experience in several different industries. I would like to start my own company selling the same service and product as my spouse, but to different customers than my spouse. If my spouse's company finds out, we are quiet sure of immediate termination. The non-compete is for two years and extremely limiting of earning a living outside of this industry.
If my spouse stays completely out of this new business I want to start, and gets terminated (if the company finds out about my company), what recourse would my spouse's company have toward us? We believe the company would try to prove confidential information had been shared. However, there really isn't any information that would benefit me from that company.
1 Answer from Attorneys
Re: Non-Compete clause
Your husband's employer may try to pursue a civil conspiracy claim against you. Their claim would be, as you have already guessed, that he is forming a conspiracy with you in order to violate the terms of his noncompete agreement (engage in illegal activity). They would probably allege that you/he have taken their confidential trade secrets and are using them in your business.
The good news is that depending on the exact factual situation, there are a number of ways to defend yourself. There also may be ways to keep your husband's noncompete from being enforced as strictly as it is written. If you would like to discuss this matter in greater detail, please do not hesitate to contact us.
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