Are Non-Competes Enforceable in South Carolina?
Last updated: 2026-10-07 · Verified against the statutes 2026-10-07
Enforceable if reasonable
No statute; overbroad covenants are not rewritten
South Carolina has no non-compete statute. A covenant is enforceable if it is necessary to protect a legitimate interest, reasonably limited in time and territory, not unduly harsh, consistent with public policy and supported by valuable consideration. Courts will not rewrite an overbroad covenant (step-down clauses do not save it). A covenant signed after employment begins needs consideration beyond continued at-will employment.
Check a non-compete
Answer a few questions; the result cites the statute behind each point. Rules verified 2026-10-07. Saved only in your browser.
Thresholds are measured differently by state (salary, cash compensation, W-2 box 1).
Enforceable if reasonable
South Carolina enforces non-competes that protect a legitimate business interest and are reasonable in time, geography and scope.
- South Carolina: No statute; overbroad covenants are not rewritten.
Other South Carolina rules to check
- If a court finds it too broad: An overbroad covenant is void in full — courts won't fix it.
General information, not legal advice. Enforceability also depends on the exact wording, the employer's legitimate interest and the facts; talk to an employment lawyer before relying on it.
South Carolina non-compete rules
- Statute
- No general non-compete statute — court decisions govern.
- Signed mid-employment
- No - separate consideration beyond continued at-will employment is required (Poole v. Incentives Unlimited, S.C. 2001).
- Overbroad covenants
- An overbroad covenant is void in full — courts won't fix it
Recent and pending changes
Pending: H.4767 (ban on physician non-competes) passed the House March 26, 2026 and was reported favorably by the Senate Labor, Commerce and Industry Committee May 5, 2026; not enacted.
Federal law
There is no federal ban on employee non-competes. The FTC's 2024 Non-Compete Clause Rule (16 CFR Part 910), which would have voided most non-competes from September 4, 2024, never took effect: a Texas federal court set it aside nationwide on August 20, 2024 (Ryan LLC v. FTC). On September 5, 2025 the Commission voted 3-1 to drop its appeals and accept that ruling, and on February 12, 2026 it formally removed Part 910 from the Code of Federal Regulations. State law therefore decides whether a non-compete is enforceable.
Frequently asked questions
Are non-competes enforceable in South Carolina?
No statute; overbroad covenants are not rewritten. South Carolina has no non-compete statute. A covenant is enforceable if it is necessary to protect a legitimate interest, reasonably limited in time and territory, not unduly harsh, consistent with public policy and supported by valuable consideration. Courts will not rewrite an overbroad covenant (step-down clauses do not save it). A covenant signed after employment begins needs consideration beyond continued at-will employment.
Did the FTC ban non-competes in South Carolina?
No. The FTC's 2024 rule never took effect — a federal court set it aside in August 2024, the FTC dropped its appeals in September 2025 and removed the rule from the Code of Federal Regulations in February 2026. State law controls, though the FTC still challenges some non-competes case by case.
Official Sources
Figures checked against these sources on 2026-10-07Other states
Same category (Enforceable if reasonable): Alaska, Arizona, Connecticut, Delaware, Indiana, Iowa, Kansas, Kentucky
Protect information instead with a confidentiality agreement (NDA generator), or hiring in South Carolina? Use the offer letter generator.
Not legal advice. Enforceability depends on the agreement's wording and the facts; consult an employment attorney licensed in South Carolina.