Okay. I confess: I have been really busy (what a blessing) and have not had a chance to write much. But, I have had a chance to read, and I came across something else I wanted to share. Management-side employment lawyer, Jay Shepherd, has written a good article... read more
The case of Carolina Chemical Equipment Company v. Daniel B. Muckenfuss 322 S.C. 289, 471 S.E.2d 721 (S.C. 1996) contains one of the clearest expressions (albeit borrowed) of a basic right to work: [T]he right of an individual to follow and pursue the particular... read more
South Carolina’s unemployment rate has hit 9.5%, and all indications are that it will continue to rise. And as hard as it is for the unemployed to find a job, for too many it is made even more difficult because of a noncompete, which prohibits the unemployed... read more
The law is titled “An Act to Prohibit Restrictive Employment Covenants.” The bill would render unenforceable “any written or oral contract or agreement arising out of an employment relationship that prohibits, impairs, restrains, restricts, or places... read more
Recently, I joined a lawyer message board on LinkedIn called, Non-Compete Lawyers. It appears that many represent those seeking to enforce non-compete agreements. One message thread expressed the general view that non-competes were beneficial and should generally be... read more
As previously discussed, the most basic requirement of an enforceable non-compete is that it be “reasonably limited in its operation with respect to time and place.” However, more and more, non-competes are substituting customer specific limitations... read more