Is a non-compete clause enforceable in South Carolina in 2026?

“We agree with Fay and reverse the circuit court’s grant of summary judgment to TQL because the nondisclosure provisions operated as noncompete provisions and did not contain a reasonable time restriction, which violated the public policy of South Carolina.”

Covenant language at issue“all information disclosed to [him] or to which [he had] access during the period of his ... employment shall be presumed to be Confidential Information hereunder if there is any reasonable basis to believe it to be Confidential Information or if TQL appears to treat it as confidential.”

View the source opinion ↗ 419 S.C. 622

“Therefore, we hold that the covenant, despite any reformation, is void and unenforceable as a matter of public policy.”

Covenant language at issue“During my employment with Stonhard, and for a period of one (1) year subsequent to termination of employment with Stonhard, regardless of the reason for such termination, I shall not compete with Stonhard by engaging in any activity similar to the activities I undertake during the course of my emplo…”

View the source opinion ↗ 621 S.E.2d 352