As a South Carolina employer, drafting employment agreements is one of the best ways to protect your company’s valuable information. South Carolina employers can protect their information and intellectual property by drafting an employment agreement, such as non-compete, non-disclosure and severance agreements. Employment agreements must meet legal requirements to become enforceable in South Carolina courts.
If you need help drafting an employment agreement, we can help. For over 125 years, Willcox, Buyck & Williams, PA, has been a leading South Carolina law firm. Our legal team is committed to drafting employment agreements that serve your best interests and protect everything you’ve worked hard to develop. Contact our Myrtle Beach law firm today to schedule your initial consultation.
Drafting an Employment Agreement in South Carolina
Myrtle Beach Non-Compete Lawyers
As a business owner, non-compete agreements allow you to control the actions of your former employees after they leave your company. More employers than ever require their new employees to sign a non-compete agreement, also called a covenant not to compete.
In a non-compete agreement, the employee agrees not to start a competing business or work for a competitive company after their employment ends. Non-compete agreements remain in effect for a certain period after the employee leaves the position or the employer terminates the employment.
The main goal of a non-compete agreement is to protect your company. Employees often have intimate knowledge of the company’s products and how the company works. In some cases, employees leave a company, become hired by a competitive company, and share the secrets they learned working at the first company. Or employees will leave a company and start their own company in direct competition with their previous employer.
While non-compete agreements can help business owners immensely, they must meet specific legal requirements to be enforceable in South Carolina courts. The legal team at Willcox, Buyck & Williams, PA, can help you draft a non-compete agreement that will protect your business and be legally enforceable in a court of law. Covenants not to compete must be:
- Supported by valuable consideration
- Necessary to protect the employer’s legitimate interests
- Reasonably limited concerning place and time
- Not unduly harsh and oppressive for the employee to earn a living
- Reasonable from a public policy standpoint
Florence Non-Disclosure Lawyers
Employers can ask new employees to sign a non-disclosure agreement, which is a type of confidentiality agreement. Non-disclosure agreements prevent employees from sharing confidential information learned while working for the employer. Employees who sign a non-disclosure agreement cannot share specified information outlined in the written contract.
Non-disclosure agreements have become relatively common in most business settings. Companies benefit greatly from protecting their trade secrets and other confidential information from competitors. Companies might use non-disclosure agreements to protect sales and marketing plans, client information, new digital processes, new products, or a unique manufacturing process. Companies can also protect news releases or reviews that have not yet become public and information about customers or clients.
Non-disclosure agreements help employers protect sensitive information from their competitors. They also allow inventors to keep patent rights. Public disclosure of a new invention can result in the inventor’s patent rights becoming void. When our lawyers draft non-disclosure agreements, we focus on helping the original creator of the patent keep the rights to his or her product or idea.
Another benefit of well-drafted non-disclosure agreements is to set out the rights of the employer and the employee. When a non-disclosure agreement is specific and detailed, both parties will understand which information is confidential and protected by the non-disclosure agreement.
As with non-compete agreements, South Carolina courts require the non-disclosure agreements to meet certain legal standards. The agreement cannot be unnecessarily burdensome on the employee when it comes to the length of the agreement. Additionally, the agreement must protect the employer’s legitimate interests. Hiring a knowledgeable attorney to draft your non-disclosure agreement is essential. At Willcox, Buyck & Williams, PA, our business law lawyers can draft a non-compete agreement that is thorough, well-written, and in compliance with South Carolina law.
South Carolina Severance Agreement Lawyers
When employment ends, employers need to be prepared for what happens next. Employers often ask employees to sign severance agreements when the employer needs to lay off the employee. Employers benefit from severance agreements because they can limit their liability from potential lawsuits. Employees benefit from severance agreements because they usually include a lump sum payment to help them financially until they find new employment.
Severance agreements vary greatly. In some severance agreements, an employee receives severance pay, but severance pay is not a given. However, employers must provide some voluntary benefit to their employees in exchange for their employees, waiving his or her right to future legal claims against the employer. Employers must make severance agreements in good faith.
At Willcox, Buyck & Williams, PA, our lawyers have extensive experience helping employers create severance agreements for their employees. We understand how important it is for employers to protect their assets against unnecessary lawsuits. After reviewing the facts in your case, we can help you draft a severance agreement to protect your rights as an employer. Our clients have peace of mind when it comes to their legal documents. Our lawyers have an in-depth knowledge of South Carolina law, and we draft employment agreements with those laws in mind.
Drafting an Employment Agreement? We Can Help
Operating a business is incredibly challenging. South Carolina business owners experience a lot of pressure when it comes to making a profit and keeping the doors open. Drafting employment agreements can help you protect your company’s assets and keep your business running effectively. Our lawyers focus on ensuring that your employment agreements comply with South Carolina law so you can rest easy knowing that your business is protected. Contact our experienced employment agreement lawyers to schedule your case evaluation.