Legal Question in Business Law in South Carolina

Non-Compete Clause

I was forced into signing a non-compete claus 2 years after I was hired. They were going to demote me if I didn't sign it. Now a firm with the same name has forced the company I am in contract with to change it's company name. What does that do to my contract?

The contract states that it is between ''COMPANY NAME'' and myself.


Asked on 3/11/02, 4:53 pm

1 Answer from Attorneys

Charles Griffin Law Offices of The Griffin Firm, LLC

Re: Non-Compete Clause

The non compete clause may still be valid even though the company simply changed names. These non compete clauses are subject to certain restrictions, such as geography, time, etc., therefore if it is too overbroad or vague it may be unenforceable notwithstanding the change in company names. Also, if you are discharged from your employment without sufficient cause, the the non compete clause may not be enforceable. You say that you were in contract with a company. What type of contract did you have? If your old company was a corporation and was dissolved, then the non compete may not be valid. If the companies simply merged, then it may be a different story. I would check with an attorney and let him read over the documents and get more facts. If you quit and run and out solicit customers, you could wind up in a mess. Also, if you continued to work for the new company under the former terms of employment, then you may be bound by the terms of the non compete clause.

Read more
Answered on 3/16/02, 3:33 pm


Related Questions & Answers

More Business Law questions and answers in South Carolina