South Carolina Non-Compete Agreement Template
Reviewed by the Agiled editorial teamUpdated June 2026
Non-compete law is the most state-divergent area in employment contracting — four states ban these agreements outright, a dozen more impose salary floors or notice rules, and the rest apply judge-made reasonableness tests that differ in temperament. This page covers what South Carolina requires; the download is our standard non-compete template, to be scoped to South Carolina's rules below.
South Carolina non-compete rules at a glance
| Enforceability | Enforceable if reasonable in duration, geographic area, and scope of restricted activity. |
|---|---|
| Protected workers / thresholds | All workers (standard reasonableness test applies) |
| Required formalities | No statutory notice or salary threshold; consideration and reasonableness rules come from case law. |
| Overbroad agreements | No blue-penciling — overbroad covenants are void in their entirety |
State laws change frequently and this summary is not legal advice. Verify current rules against the state statute or with a licensed attorney before relying on them.
How South Carolina handles non-compete agreements
South Carolina enforces tight non-competes and destroys loose ones: its courts refuse to sever or trim, so a single overbroad element (statewide scope, five-year term) voids the whole covenant. The practical drafting rule for South Carolina: enforceable if reasonable in duration, geographic area, and scope of restricted activity.. Before using this template, confirm the current statute — non-compete law has changed in more than a dozen states since 2020, and the FTC's federal ban attempt keeps the area moving.
South Carolina non-compete agreement FAQs
Are non-compete agreements enforceable in South Carolina?
Enforceable if reasonable in duration, geographic area, and scope of restricted activity. There is no categorical worker carve-out, so the reasonableness of duration, geography, and scope decides each case.
What happens to an overbroad non-compete in South Carolina?
No blue-penciling — overbroad covenants are void in their entirety Draft to the narrowest restriction that protects the actual business interest — the safety net (or lack of one) above is what you're betting on.
What formalities does a South Carolina non-compete require?
No statutory notice or salary threshold; consideration and reasonableness rules come from case law. Procedural failures are now the most common way non-competes die — more common than substantive overbreadth in states with notice rules.
Does the FTC non-compete ban apply in South Carolina?
The FTC's 2024 rule banning most non-competes was set aside by a federal court before taking effect and remains in litigation, so it is not currently in force in South Carolina or any state. State law controls — which is why the state-specific rules above are the ones to draft around.
The full non-compete agreement guide
Clause-by-clause guidance, common mistakes, and the complete template text live on the main page: Non-Compete Agreement Template — full guide and download.