Beating a non-compete in SC

[dcf1458]

What is the name of your state? South Carolina
Worked for Sign Co. for 16 years. Was terminated. No criminal activity. Signed non-compete approx. 6 years ago. Was told to sign or "look for another job" Given $100. Had 1 child in college and 1 in HS at the time. Basic terms are 2 years and 30 miles. Co. markets and is active maybe 10 miles. Planning on opening my own Co. 18 mile from former. Have no "intellectual" property. Co. uses the same materials, hardware and software that just about every other Co. of their size and product offering in the country uses. Several former employees left and broke non-compete and were not taken to court. 2 former 20 something hourly wage employees left and were sent threatening letter. One quit and one happened to be hospitalized at the time with a serious injury. Moot point. I am moving forward and former employer has made it clear over the years that they would in fact pursue me. I am not "going to the competition" as all the others did. Any comments, suggestions? SC is a "right to work" state.

 

[las365]

Take the agreement to a lawyer for an opinion as to its enforceability. Generally, non-competes have to be reasonable as to the period of time and geographical distance. Two years is probably reasonable; 30 miles may or may not be.

An attorney may be able to help you negotiate out of the non-compete. Good luck!

 

[dcf1458]

Beating A Non Compete In South Carolina

I'm curious how not being able to work is considered reasonable.

 

[seniorjudge]

I'm curious how not being able to work is considered reasonable.

You are not prohibited from working; you are prohibited from competing in a certain area for a certain time.

What, exactly, does the non-compete clause say?

 

[>Charlotte<]

SC is a "right to work" state.

"Right to work" means you can't be required to join a union.

 

[seniorjudge]

"Right to work" means you can't be required to join a union.

The full phrase is right to work for less....