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Can a home care agency make caregivers sign a non-compete in South Carolina?

Last verified October 17, 2026 · All South Carolina resources

Generally enforceable if reasonable. South Carolina has no general non-compete statute. Courts enforce covenants that are necessary to protect a legitimate business interest, reasonably limited in time and area, not unduly harsh on the employee's ability to earn a living, and consistent with public policy. Courts generally will not rewrite an overbroad covenant. There is no wage threshold.

Status Generally enforceable if reasonable

What about a client hiring your caregiver directly?

That is usually handled in the client service agreement, not the caregiver's contract: some agencies charge a placement or conversion fee if a client hires a caregiver directly. Whether that clause is enforceable is a contract question, so have a local employment lawyer review it.

What should you confirm?

Based on South Carolina case law summarized in a law firm survey.

General information, not legal advice.

Sources

More for South Carolina

Non-compete rules by state: other states

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