53-9-11. Employment contract--Competition limitation upon termination.Except as otherwise provided in §53-9-11.2, 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; SL 2023, ch 160, §1. 53-9-11. Employment contract--Competition limitation upon termination.Except as otherwise provided in §53-9-11.2, 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; SL 2023, ch 160, §1.
South Dakota Legal Code