Wrongful Termination in South Carolina
What is a wrongful termination? There are unlawful termination laws enforced by the federal and state government to protect the rights of employees. Wrongful termination in South Carolina occurs when an employer fires an employer based on an illegality. Employees wrongfully fired in SC may be able to pursue legal action against their former employer.
Employees wrongfully terminated from jobs may want to review the laws they believe their previous employer violated. The employee who is claiming the wrongful dismissal must be able to prove the claim after filing. After being wrongfully fired from jobs, employees who want to seek legal action will need to follow the proper procedure to file their claim. For more information on what to do after being wrongfully terminated, examine the sections below:
South Carolina Unemployment Resources
Types of Illegal Termination in South Carolina
When employers commit one of the types of unlawful terminations from employment, the wrongfully fired worker has the right to pursue legal action. These types of illegal termination of employment in SC usually occur when an employer’s discrimination against an employee leads to the firing. Specific types of illegal terminations in South Carolina include dismissing a worker due to characteristics of gender, color, age, disability, veteran status or nationality.
Retaliatory types of illegal dismissal of employment are also against the law and occur when an employer terminates an employee with malicious intent. These types of unlawful terminations from employment may occur when a worker has open legal claims against an employer or is currently receiving worker’s compensation from the company. When one of these types of illegal firing happen to an employee, the worker can file a claim against the employer for compensation or a reversal of the dismissal.
Types of Legal Termination in South Carolina
There are legal reasons for terminating employees in South Carolina that do not break any laws. Types of legal firing in SC may occur when an employee reaches the end of a contract or displays poor job performance. Additional types of legal dismissal of employment are layoffs within a company or a business closing. While unexpected dismissals can be a burden for employees, if these types of legal termination of employment are used, the employee cannot seek compensation in a court of law. One of these types of legal termination in South Carolina can make an employee’s claim of illegal firing ineligible for pursuit.
At-Will Employment Exceptions in South Carolina
Pertaining to the question, “Is South Carolina an at will state?” terminated workers will discover that the state permits at-will employment. “What is employment at will?” Although exceptions to at will employment are observed in South Carolina, the at-will employment legal doctrine declares that the relationship between worker and employer can be terminated at any time, by either party, for any legal reason. However, at will employment exceptions in South Carolina recognized by state courts as omissions to the at-will employment law protect employees from unfair dismissal of employment.
At will employment exceptions in South Carolina include the implied-contract exception, which forbids employers from firing a worker if an latent employment agreement is in place, even if it is not in writing. Public policy exceptions to at will employment make it illegal for an employer to fire an employee if it breaks a governmental law, such as attending jury duty. The exceptions to at will employment not currently recognized in the state are the covenant of good faith and fair dealing exceptions that encourage good intentions and fair treatment of employees by their employers, even during a dismissal.
File a Discrimination Charge With the Equal Employment Opportunity Commission in South Carolina
Filing a charge of discrimination in South Carolina is available for completion with the Equal Employment Opportunity Commission (EEOC) district office in Greenville by phone, mail or in-person. To file a wrongful termination discrimination charge in person, allow at least two hours for your visit. You need to start the process for how to file an EEOC employment discrimination within 180 days of your illegal dismissal or 300 days if the violation breaks SC-enforced laws.
If you are looking into how to file a charge of employment discrimination with the EEOC, it is important to know the agency’s procedure after you file. Once you file a wrongful termination discrimination charge in SC, the EEOC may recommend you complete a mediation program with your previous employer for settlement. If no settlement in unreachable, the EEOC’s staff may start a voluntary settlement so that you can receive satisfactory compensation from your former employer. If both attempts to settle end without conclusion, the EEOC will have its legal staff either file a lawsuit against your previous employer, or will grant you the Notice of Right to Sue on your own terms.
File a Lawsuit Against Your Employer in South Carolina
Suing for wrongful termination in South Carolina is the next step in the legal process once the EEOC grants you permission. When you file lawsuit against employers for wrongful termination, you must prove your case through prepared evidence and testimonials. If you are researching the process for how to file a wrongful termination lawsuit, you may find that hiring an attorney to help you prove your case is a likely way to explain your case in the courtroom effectively.
Wrongfully terminated employees may wonder, “Can I file a lawsuit for wrongful termination and receive compensation?” If you plan on filing a wrongful termination claim against employer in SC, preparing paycheck stubs, witness statements and records to prove your claim is your first step to success. An experienced lawyer can help you file a lawsuit against your employer in South Carolina as well as gather the evidence needed to prove your case successfully.