Featured Cases
Standing up for workers facing unfair non-compete agreements
Non-compete agreements are increasingly common these days — and they’re often weaponized against employees. That’s what happened to Tyler Woods, a South Carolina roofing worker whose former out-of-state employer used a non-compete clause to upend his life. Burnette Shutt & McDaniel stood by him through his six-year battle.
Before suing Tyler for allegedly breaching his non-compete agreement, the home improvement company he had worked for sent a cease-and-desist letter to his current South Carolina employer. Mr. Woods was fired and effectively blacklisted from the roofing industry in South Carolina.
That’s where the employment lawyer at Burnette Shutt & McDaniel stepped in.
Firm co-founder Nekki Shutt, a South Carolina Supreme Court-certified employment law specialist, took on Tyler’s case in 2018 and fought for six years to make things right. First, the legal team, which also included Sarah J.M. Cox and Lydia Robins Hendrix, successfully pressured the company to abandon its lawsuit entirely. Then Burnette Shutt & McDanel pursued a counterclaim on Tyler’s behalf under the South Carolina Frivolous Civil Proceedings Sanctions Act. This powerful tool holds bad-faith litigants accountable.
The resulting $4,851,235.73 judgment covered Tyler’s lost income, attorney’s fees, costs, and expenses. Unfortunately, the fight was not over. Burnette Shutt & McDaniel continued to represent Tyler through collection proceedings and the employer’s unsuccessful appeal.
This case is a reminder of the legal perils for workers that are often hidden in non-compete agreements. They are not “get out of jail free” cards, though, that let companies destroy someone’s livelihood.
The best defense against a non-compete agreement often is a good offense. Burnette Shutt & McDaniel employment law attorneys can review a non-compete agreement to try to ensure that the employee’s rights are protected before the worker signs it.
And when a company misuses a non-compete agreement, Burnette Shutt & McDaniel employment lawyers will use all legal tools available to fight back.
If you’ve been threatened with a non-compete lawsuit or believe your employer is asking you to sign a non-compete agreement that might not be in your best interests, contact Burnette Shutt & McDaniel. The firm is not afraid of a long fight.
Disclaimer: Any information posted about cases is intended only to be representative of the firm’s practice. These examples are not intended to, and cannot be relied upon, to predict the results in any other case.
