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 As a matter of agency law, an employee owes a duty of loyalty to her employer. In South Carolina it is 'implicit in any contract for employment that the employee shall remain faithful to the employer's interest throughout the term of employment.' Berry v. Goodyear Tire and Rubber Co., 270 S.C. 489, 242 S.E.2d 551, 552 (S.C. 1978). In North Carolina 'the law implies a promise on the part of every employee to serve [her] employer faithfully.' McKnight v. Simpson's Beauty Supply, Inc., 86 N.C. App. 451, 358 S.E.2d 107, 109 (N.C. Ct. App. 1987). The courts of North and South Carolina have not set out a specific test for determining when the duty of loyalty is breached. Disloyalty has been described in fairly broad terms, however. Employees are disloyal when their acts are 'inconsistent with promoting the best interest of their employer at a time when they were on its payroll,' Lowndes Prods., Inc. v. Brower, 259 S.C. 322, 191 S.E.2d 761, 767 (S.C. 1972), and an employee who 'deliberately acquires an interest adverse to his employer . . . is disloyal,' Long v. Vertical Techs., Inc., 113 N.C. App. 598, 439 S.E.2d ...

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