South Carolina Termination of Agreement as to Restricted Covenants
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How to fill out South Carolina Termination Of Agreement As To Restricted Covenants?
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FAQ
Restrictive covenants can be utilised in employment contracts; however it is vital that any employer looking to protect their business by these measures ensure such restrictions are reasonable in order for them to be enforceable through the Courts.
Post termination restrictions are often found in employment contracts to seek to protect the employer if and when that employee leaves.If a clause seeking to restrict a former employee is too wide and restrictive there is a risk it will not be deemed reasonable and may not be enforceable.
Certain covenants under declaration may also expire after a certain period of time, if so provided in the document itself.Covenants can also be terminated by courts, upon a showing of illegality, abandonment, or even changed circumstances (i.e., inequitable to continue enforcing said covenant).
The general position is that post-termination restrictive covenants are void on public policy grounds as being in restraint of trade, unless they are being used by the employer to protect a legitimate business interest.
A post-employment restraint will only be enforceable by a court if it is considered reasonable in its scope and for the protection of the employer's legitimate business interests.whether the restraint is unduly injurious to the interests of the employee and the public.