Non-competes are becoming more prevalent. Once reserved for highly compensated employees, now one in five employees are bound by a noncompete. These employees become less employable outside the workplace and less valued inside the workplace.
So, an employee signs an employment agreement. The agreement contains (among other things) non-compete provision and a non-disclosure provision (NDA).…
As mentioned in the prior post, I was in court in October (2016) and tried a non-compete case for my…
I had a trial two weeks ago week. My client’s former employer (“Employer”) had sued him for breach of a…
This case should encourage employers and those selling their business to draft their non-competes with a more reasonable geographic scope (or else risk a court throwing the non-compete out altogether). But those who are asked to sign a non-compete should keep in mind that even if their non-compete is probably unenforceable, an employer can still sue to enforce it and cause the employee a lot of stress and attorneys’ fees.
So, one of the risks of fighting a non-compete is provisions that require employees to pay for their former employer’s attorneys fees if they lose the case: Seems fair. But, of course if fairness were the issue, the provision would be reciprocal and provide attorney’s fees for prevailing employees.
Greenville Business Magazine has recognized Andy Arnold as one of the area’s Legal Elite in the practice of Labor and Employment Law.
So, the fact is that non-competes are not just a matter between employer and employee, but impact customer, hiring businesses, and consumers.
The law in South Carolina regarding non-compete agreements is sparse. So, trial courts are left to hash out disputes with modest guidance. Unfortunately, more times than not legal memorandums are not read prior to the hearing.
I was admitted to the practice of law in South Carolina on November 18, 1992. Just as watching my children…