Employment & Labor Law in South Carolina

In South Carolina, employment is considered "at will" unless an employment contract states otherwise. This means that your employer can fire you for practically any reason -- even a bad reason.

Public Policy Exception:

South Carolina has provided a public policy exception to the at will doctrine. The public policy exception provides that, even when employment is considered at will, an employer cannot fire an employee for a reason that violates the public policy of South Carolina. It is well established that that public policy exception applies to two situations: (1) where the employer required the employee to violate the law; and (2) where the reason for the termination itself was illegal. Recently, the South Carolina Supreme Court in Barron v. Labor Finders of South Carolina (Op. No. 27018, August 1, 2011) signaled that additional termination situations might constitute violations of public policy.

Call 843-662-2616 or fill out the form below

Retaliation for Filing Workers' Comp Claim:

SC Code 41-1-80 makes it illegal for an employer to terminate or demote an employee in retaliation for instituting or testifying about a claim under the SC Workers' Compensation Act.

Discrimination:

Federal and State law provide protections for employees who are discriminated against on the basis of race, religion, color, sex, age, national origin, or disability.

SC Payment of Wages Act: (Click here to learn more)

The South Carolina Legislature has provided rules and regulations for how and when employees' wages must be paid.

Federal Law:

Federal law provides several additional protections for employees, including:

Fair Labor Standards Act (FLSA): (Click here to learn more)

Sets the minimum wage, overtime pay standards, and child labor prohibitions

Click here to learn about minimum wage requirements in South Carolina

Click here to learn about overtime requirements in South Carolina

Equal Pay Act: prohibits sex-based wage discrimination for men and women who perform substantially equal work at the same place of employment.

Age Discrimination in Employment Act: protects individuals who are 40 years of age or older.

Americans with Disabilities Act: prohibits discrimination in the public and private sectors based on an individual's physical or mental disabilitiy.

Rehabilitation Act: prohibits discrimination against individuals with disabilities who are employed by the federal government.

Genetic Information Nondiscrimination Act (GINA): prohibits employment discrimination based on genetic information about an applicant, employee, or former employee.

Civil Rights Act of 1991: provides for additional damages for victims of intentional employment discrimination.

Family and Medical Leave Act: grants certain employees a right to stay on their employer's health insurance while on family or medical leave, as well as the right to return the same job they had before taking leave.

Please contact the office to explain the details of your case.

Family Law

Mediation

Business Law

Employment & Labor

Estate Planning

Personal Injury

Traffic Tickets

Practice Areas