South Carolina Employment Law FAQ
Can my employer fire me for no reason in South Carolina?
Generally, yes. South Carolina is an at-will employment state. Unless you have a definitive contract with your employer, which most employees do not, your employer may generally terminate you for any reason, no reason, or even a bad reason. But there are important exceptions, and whether one applies to your situation depends on the specific facts. That is where an experienced employment attorney can help.
What are the exceptions to at-will employment in South Carolina?
Federal law prohibits termination based on race, color, religion, sex, national origin, age, disability, and certain other protected characteristics, and it prohibits retaliation for asserting those rights. South Carolina law recognizes additional exceptions, including the employee handbook exception, the public policy exception, retaliation for filing a workers' compensation claim, and termination for the exercise of political rights. Teachers may also have protections under the Teacher Employment and Dismissal Act.
What counts as illegal discrimination at work?
Discrimination is illegal when an employer takes action against you because of a protected characteristic such as race, color, religion, sex, pregnancy, national origin, age (40 and over), disability, or genetic information. Unfair treatment alone is not always illegal. The key question is whether the treatment was because of a protected characteristic or in retaliation for protected activity, such as reporting discrimination or harassment.
How long do I have to bring a discrimination claim in South Carolina?
The deadlines are short and unforgiving. Depending on the type of claim and the agency involved, the deadline to file an administrative charge can be as little as 180 days from the discriminatory act, and generally no more than 300 days for federal claims filed in South Carolina. Missing the deadline can end your claim before it starts, so contact an attorney promptly.
What is retaliation, and is it illegal?
Retaliation occurs when an employer punishes an employee for engaging in legally protected activity, such as reporting discrimination or harassment, participating in an investigation, filing a charge, requesting a reasonable accommodation, or taking protected medical leave. Retaliation is illegal even in cases where the underlying complaint is not ultimately proven, so long as the complaint was made in good faith.
I am a teacher. What are my rights if the district wants to dismiss me?
South Carolina teachers may have rights under the Teacher Employment and Dismissal Act, including written notice of the grounds for dismissal and the opportunity for a hearing. These protections depend on your contract status, and the timelines for requesting a hearing are strict. If you have received a notice of nonrenewal, suspension, or dismissal, you should speak with an attorney right away.
I am a nurse facing a Board of Nursing complaint. What should I do?
A complaint to the South Carolina Board of Nursing can put your license, and your livelihood, at risk. Anything you say in response to an investigation can be used in the proceeding, so it is wise to consult an attorney before responding. Arnold Law Firm represents nurses in licensing and workplace matters throughout South Carolina.
Does Arnold Law Firm represent employers?
Arnold Law Firm primarily represents employees and individuals. This focus means the firm's experience, research, and resources are devoted to protecting the rights of workers, teachers, and nurses in South Carolina.
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What should I bring to a consultation?
Bring any documents related to your situation, such as your termination letter, employee handbook, performance reviews, pay records, written complaints you made, and any relevant emails or text messages. A timeline of key events, written in your own words, is also very helpful. If you do not have all of these, do not let that stop you from calling. When you leave Arnold Law Firm, you will know your rights and legal options.