Allowed if reasonable
Non-compete law in South Carolina
South Carolina has no general noncompete statute that this review found: employee noncompetes are governed by judge-made law (reasonableness of time, area and scope), and Title 39 chapter 3 of the Code deals with antitrust, not employment covenants. A bill to void physician noncompetes (H. 4767, 2026) passed the House 58-53 and received a favorable Senate committee report on 2026-05-05 but, as of 2026-10-14, still showed 'Currently residing in the Senate' and is not law.
Last verified · confidence medium. Clauseworthy is not a law firm and does not give legal advice.
- Employee non-competes
- Not banned; conditions apply
- Pay floor
- None in the statute
- Duration
- No statutory cap; common-law reasonableness (no statute to cite).
Exceptions and special rules
- Physician (pending, NOT law). H. 4767 (126th Session, 2025-2026), as reported favorably by Senate Labor, Commerce and Industry on 2026-05-05, would add S.C. Code ch. 9 of Title 41: noncompete clauses in physician contracts would be against public policy and void (no post-employment bar on practicing in any area, on treating or advising a patient at the patient's request, or on notifying patients of departure); employers could still require repayment of documented relocation, signing/retention bonus and training costs (departing physician with under 3 years' service; retention-bonus repayment period up to 2 years) and protect trade secrets and confidential information; applies to contracts entered into or renewed on/after the effective date; effective on the Governor's approval. Not enacted as of 2026-10-14. (H. 4767, committee report version of 2026-05-05)
Which agreements it covers
No statute in force; common law applies.
Recent changes
- 2026-05-05. Senate Labor, Commerce and Industry reported H. 4767 (Physician Noncompete Contract Prohibition) favorably; the House had passed it 2026-03-26 (58-53 on third reading). No later action was shown on the official bill page on 2026-10-14. Source
Primary sources
- H. 4767 (2025-2026), bill page and action history (official source)
- H. 4767, Senate Labor, Commerce and Industry committee report version (5/5/2026) (official source)
- S.C. Code Title 39, ch. 3 (Trusts, Monopolies, and Restraints of Trade) - antitrust only, no employment-covenant provision (official source)
- S.C. Code Title 39 chapter index (official source)