When Doing the Right Thing Costs a Nurse Her Job: The Public Policy Exception in South Carolina

South Carolina is an at-will employment state, which means that, as a general rule, an employer may terminate an employee for any reason or no reason at all. But that rule has never been absolute. Beginning with Ludwick v. This Minute of Carolina, Inc., 287 S.C. 219, 337 S.E.2d 213 (1985), our Supreme Court recognized that an at-will employee has a cause of action in tort for wrongful termination when the discharge violates a clear mandate of public policy. In Barron v. Labor Finders of South Carolina, 393 S.C. 609, 713 S.E.2d 634 (2011), the Court made clear that this exception is not limited to cases where the employer demands that the employee break the law or where the firing itself violates criminal law. And in Donevant v. Town of Surfside Beach, 422 S.C. 264 (2018), the Court held that firing a building official for enforcing the building code, conduct the law required of him, violated a clear mandate of public policy. The principle is straightforward: an employee should not be forced to choose between keeping a job and obeying the law.

Few professions illustrate that principle better than nursing. The General Assembly, through the Nurse Practice Act, S.C. Code Ann. § 40-33-5 et seq., heavily regulates the practice of nursing precisely because regulation is necessary for the preservation of the health, safety, and welfare of the public. The Act is not merely aspirational. Section 40-33-70 commands that nurses “shall” conduct themselves in accordance with the code of ethics adopted by the Board of Nursing, and that code imposes an affirmative duty to act. Nurses must take appropriate action in all instances of incompetent, unethical, illegal, or impaired practice that places a patient’s rights or best interests in jeopardy, and when the problem is not corrected, they must report it to appropriate external authorities such as regulatory or quality assurance agencies.

These duties carry real consequences. Under S.C. Code Ann. § 40-33-110, a nurse who fails to report the incompetent or unprofessional practice of another licensed nurse to the appropriate authorities faces professional discipline, including fines, suspension, or revocation of her license, and criminal penalties are possible under § 40-33-210 for violations of the chapter. In other words, reporting patient neglect and intervening to protect patient safety is not optional for a South Carolina nurse. It is a legal obligation, backed by the potential loss of her livelihood, and even prosecution, if she stays silent.

That is exactly the kind of legal mandate the public policy exception exists to protect. If an employer could lawfully terminate a nurse for making the very reports the Nurse Practice Act requires her to make, the law would put nurses in an impossible position: report and lose your job, or stay quiet and lose your license. The reasoning of Donevant does not tolerate that result. When an employee is fired for doing what state law compels her to do, particularly when that law exists to protect the health and safety of the public, the termination violates a clear mandate of public policy and is actionable in tort. Nurses who speak up for their patients should know that South Carolina law does not require them to sacrifice their careers to comply with it.

This article is for general informational purposes only and does not constitute legal advice. Reading it does not create an attorney client relationship. If you have questions about your specific situation, please consult a qualified employment attorney.