Legal Question in Employment Law in South Carolina
How valid and enforcable are
I was employed for 8+ months when my boss suddenly left(he is now in competition with the company and there is a pending lawsuit. I have been named by both parites as a ''witness''). After his departure the company owner called all the employees into a meeting and presented us with a ''no compete'' contract. It was implied that if you did not agree to sign, you would be dismissed on the spot. All but one employee signed. He said he wanted to ''look it over and think about it''. He was fired.
My employment continued until yesterday when I was ''dismissed'' after I reported my laptop computer had been stolen. We were in the middle of negotiating a higher commission, compensation, and benifits package for the year 2001. I have made many contributions and have developed many good contacts through my employment.
I would like to start my own business and compete in part with my former employer. It appears from the wording in the ''contract'' that I will be sued if I do. The wording is so broad as to include that just about anyone I know cannot compete with my former employer either.
Wasn't this agreement signed under ''duress'' and is it enforceable?
1 Answer from Attorneys
Re: How valid and enforcable are
Non-compete agreements are interpreted very narrowly against employers in S.C. Chances are that a broadly worded agreement may not be enforceable. However, that does not prevent your employer from suing you to find out. If that occurs you will have to hire an attorney to defend yourself, which could become expensive quickly. If you have any further questions, feel free to contact me.
Al Martin
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