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POOLE v. INCENTIVES UNLIMITED, INC.

No. 3083.

338 S.C. 271 (1999)

525 S.E.2d 898

Carol C. POOLE, Respondent, v. INCENTIVES UNLIMITED, INC. d/b/a Dunlap Motivation and Travel, Appellant. Incentives Unlimited, Inc. d/b/a Dunlap Motivation and Travel, Third-Party Plaintiff, v. Northshore Travel, Inc., Third-Party Defendants.

Court of Appeals of South Carolina.

Decided December 6, 1999.

Rehearing Denied January 29, 2000.

Attorney(s) appearing for the Case

D. Garrison Hill, of Hill, Wyatt & Bannister, of Greenville, for appellant.

Chris B. Roberts, Brown, Massey, Evans & McLeod, of Greenville, for respondent.

STILWELL, Judge:

The issue addressed in this appeal is whether a covenant not to compete is enforceable when entered into during an at-will employment relationship and the only "benefit" to the employee is that the employee is not terminated. While other cases have tangentially addressed the issue, this is the first time it has been so squarely presented to an appellate court in this state. The trial court held that a covenant not to compete

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