by andyarnold | Apr 16, 2009 | Employment Law, Non-Compete Litigation
The case of Carolina Chemical Equipment Company v. Daniel B. Muckenfuss 322 S.C. 289, 471 S.E.2d 721 (S.C. 1996) contains one of the clearest expressions (albeit borrowed) of a basic right to work: [T]he right of an individual to follow and pursue the particular... read more
by andyarnold | Apr 6, 2009 | Employment Law, Litigation
I meet with people weekly to review severance agreements. Almost all severance agreements include a release of claims. A release of claims is an agreement whereby the one person agrees not to assert claims or file lawsuits against the other. It is logical to wonder... read more
by andyarnold | Mar 20, 2009 | Litigation
Jurors are instructed not to conduct independent research about issues in the cases they are selected to decide. They must decide the case on the evidence presented. They must not discuss the case until deliberations and then, only while in active deliberations with... read more
by andyarnold | Jan 28, 2009 | Non-Compete Litigation
South Carolina’s unemployment rate has hit 9.5%, and all indications are that it will continue to rise. And as hard as it is for the unemployed to find a job, for too many it is made even more difficult because of a noncompete, which prohibits the unemployed... read more
by andyarnold | Jan 15, 2009 | Non-Compete Litigation
The law is titled “An Act to Prohibit Restrictive Employment Covenants.” The bill would render unenforceable “any written or oral contract or agreement arising out of an employment relationship that prohibits, impairs, restrains, restricts, or places... read more