EMPLOYMENT LAW

Arnold Law Firm has always been an advocate for the employee. But it must be said: employment laws in this state and this country are designed to allow employers wide latitude in making decisions regarding hiring, discipline, and termination, including decisions that may be unfair and illogical.

Whether you are in management or hourly work, unless you have a definitive contract with your employer (which most employees do not), you are considered an at-will employee. When you are at-will, generally your employer may terminate you for any reason, no reason or bad reason at any time. However, there are exceptions to this general rule, such as the federal laws governing the workplace, including:

• Title VII of the Civil Rights Act of 1964, as amended by the Civil Rights Act of 1991: makes it unlawful for an employer to discriminate against an employee because of race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), or national origin. The statute also prohibits workplace harassment and forbids retaliation against employees who complain about, oppose, or participate in an investigation of unlawful practices. The 1991 amendments strengthened these protections by permitting the recovery of compensatory and punitive damages and by giving employees the right to a jury trial.

• the Americans With Disabilities Act ("ADA"): protects qualified employees and applicants with disabilities from discrimination in hiring, pay, promotion, discipline, and termination. Employers must engage in an interactive process with the employee and provide reasonable accommodations that allow the employee to perform the essential functions of the job, unless the accommodation would impose an undue hardship on the business. The ADA also prohibits retaliation against employees who request an accommodation or assert their rights under the statute.

• the Family and Medical Leave Act ("FMLA"): entitles eligible employees to as much as twelve weeks of job protected leave in a twelve month period for the birth or adoption of a child, to care for a spouse, child, or parent with a serious health condition, or because of the employee's own serious health condition. Employers covered by the Act must restore the employee to the same or an equivalent position and continue group health benefits during the leave. It is unlawful for an employer to interfere with an employee's FMLA rights or to retaliate against an employee for requesting or taking leave.

• the Uniformed Services Employment and Reemployment Rights Act ("USERRA"): safeguards the jobs, seniority, pay, and benefits of service members, reservists, National Guard members, and veterans. Employees who leave work to perform military service are generally entitled to prompt reemployment in the position they would have attained had they remained continuously employed. USERRA also prohibits employers from discriminating or retaliating against workers because of their past, present, or future military obligations.

There are also exceptions to this general rule under South Carolina Law, including:

"Handbook" exception: the at-will presumption can be altered, however, when an employer issues a handbook, policy manual, or similar written document that limits its right to discharge employees at will, such as a promise of progressive discipline or termination only for cause. Under South Carolina law, a handbook may create an enforceable contract of employment where its language is mandatory and definite rather than merely aspirational, and a conspicuous disclaimer is often the deciding factor. If your employer failed to follow the very procedures it promised in writing, you may have a claim for breach of contract.
Public Policy exception: permits an at will employee to sue for wrongful discharge when the termination violates a clear mandate of public policy. The exception most often applies when an employee is fired for refusing to commit an illegal act at the employer's direction, or when the discharge itself is prohibited by law. South Carolina courts have generally declined to extend the exception where an existing statute already provides a remedy, so the timing and framing of this type of claim matter a great deal.
Independent Consideration: An at-will relationship may also be converted into a contractual one where the employee gives something of value beyond the ordinary services of employment, known as independent consideration. Examples can include relocating a family, giving up an established business or a secure position, or forgoing other valuable rights in reliance on the employer's promises. When independent consideration exists, courts may find that the employee can be discharged only for cause. These claims are highly fact specific, and we can review what you gave up in exchange for the job.
Workers' Compensation Anti-retaliation Provision: prohibits an employer from discharging or demoting an employee because the employee instituted a workers' compensation proceeding or testified in one. An employee who prevails may recover lost wages and, in appropriate cases, reinstatement. The law contains defenses for the employer, including willful or habitual tardiness, misconduct, and an inability to perform the job, and it imposes a one year deadline for bringing an action. If your job ended shortly after you filed a work injury claim, the timing alone may support an investigation.
Exercise of Political Rights: it is unlawful to discharge a citizen from employment or occupation, or to threaten or otherwise intimidate a person, because of that person's political opinions or the lawful exercise of political rights and privileges. Employees terminated for this reason may pursue a wrongful discharge claim. We can evaluate whether your political activity, speech, or party affiliation played a role in an adverse employment decision.
Teacher Employment and Dismissal Act: gives South Carolina public school teachers (on a continuing contract) important procedural rights before a suspension, dismissal, or nonrenewal takes effect. A teacher is entitled to written notice of the grounds for the proposed action and may request a hearing before the local board of trustees, with the right to be represented by counsel, to present witnesses, and to cross examine the district's witnesses. Board decisions are subject to judicial review, and strict deadlines apply at nearly every stage. If you have received notice from your district, contact us promptly so that no deadline is missed.

Employment law as a whole is simply too comprehensive and complex to be able to discuss in detail on a website every possible situation that an employee may encounter at work. But during all the years of Brian's practice, he has guided individuals through these complex issues, including handling cases in both State and Federal Courts, as well as EEOC charges, mediations and arbitrations.

Your situation likely requires much more than a quick phone call or a generic answer on a website. Each case is different and requires an exhaustive review of the facts and the law. Brian can, and will, conduct such exhaustive review and discuss with you your rights and options.

If you have any questions regarding Employment Law issues, please feel free to contact Arnold Law Firm by email or by phone at 864.242.2427. When you leave Arnold Law Firm, you will know your rights and legal options.