53-9-11. Employment contract--Limitation on competition.
Except as otherwise provided in § 53-9-11.1, an employee may agree with an employer at the time of employment or at any time during employment not to engage directly or indirectly in the same business or profession as that of the employer for any period not exceeding two years from the date of termination of the agreement and not to solicit existing customers of the employer within a specified county, first- or second-class municipality, or other specified area for any period not exceeding two years from the date of termination of the agreement, if the employer continues to carry on a like business therein.
Source: SL 1929, ch 88; SDC 1939, §10.0706 (3); SL 1984, ch 318; SL 2021, ch 205, § 1.
Structure South Dakota Codified Laws
Chapter 09 - Unlawful Contracts
Section 53-9-1 - Contract provisions contrary to law, unlawful.
Section 53-9-2 - Gambling contracts void.
Section 53-9-3 - Contracts against public policy.
Section 53-9-4 - Penalties for nonperformance of contract void, exceptions.
Section 53-9-5 - Contracts fixing damages void, exception.
Section 53-9-7 - Contract in restraint of marriage void.
Section 53-9-8 - Contracts in restraint of trade void--Exceptions.
Section 53-9-11 - Employment contract--Limitation on competition.
Section 53-9-11.1 - Health care provider--Contract to restrict practice--Prohibition--Exception.
Section 53-9-13 - Coerce or compel an abortion--Contract void.