South Carolina Wrongful Termination Laws

American laws are attempting to eliminate bias and discrimination from our culture and workplace, as evidenced by federal laws such as the Federal Labor Standards Act of 1938 and the Civil Rights Act of 1964. States have additional statutes supplementing those laws to protect employees in the workplace from wrongful termination. While South Carolina is an “at will” employment state, and employees and employers both have the right to terminate employment relationships for any reason, that right is limited by protections from state and federal discrimination laws. Those laws also provide legal remedies to compensate employees and penalize employers for violations.

South Carolina’s Specific Labor Laws

South Carolina state labor laws that supplement federal laws can be detailed and powerful, as is evident in the chart below:

Benefit	State Law	Additional Benefits
Right to Work	Yes
State Minimum Wage	No
State Military Leave	Yes	Employees on active duty with South Carolina National Guard and State guard are entitled to unpaid leave; guaranteed reinstatement, benefits, and seniority upon return unless changes in employer circumstances make that impossible or unreasonable; employee must request reinstatement in writing within 5 days of release
Jury Duty	Yes	Unpaid leave; employee may not be penalized or terminated if subpoenaed to testify
Voting	No
Garnishment	Yes	Employer fee $3 per child support payment; termination for garnishment prohibited (no limit specified)
State Family & Medical Leave	Yes	Employers with 20 or more employees covered; eligible employees work 20 hours or more per week; up to 40 hours paid leave per year is available for bone marrow donations
Arrest & Conviction Records	No
Discrimination	Yes	For 15 or more employees; for age (40 or older); national origin; disability (physical or mental); gender; pregnancy/ childbirth; race; religion
Whistleblower	Yes	For both public and private employees; employer cannot terminate or discriminate against employee for reporting violations; if employee reports result in savings of public funds, may result in rewards for employees
Plant Closings	Yes	Applies to employers who require notice from employees before resignation; employers must give same notice required from employees or at least 2 week’s notice; notice must be in writing and posted in every room of the work building

*These laws change often, so consult local statutes for the most up-to-date information.

South Carolina Discrimination Laws

There are specific parameters spelled out in South Carolina discrimination laws outlining the steps employees can take to pursue claims and civil actions for violations:

South Carolina EEOC agencies and the state Human Affairs Commission have priority in pursuing complaints against employer violations of discrimination laws.
In this state, employees do not have the option to file private claims or civil actions against an employer who violates discrimination laws.
If state agency claims are successful, employees may have the right to recover attorney’s fees.
All claims for discrimination or wrongful termination must be pursued before the statute of limitations runs out, which is 180 days.

Filing a Claim for Wrongful Termination

Victims of workplace discrimination and wrongful termination must file a claim with the local EEOC branch office or the Human Affairs Commission in South Carolina. Once they investigate the claim to determine its validity, they will attempt to mediate a settlement out of court. If that proves unsuccessful, they may pursue civil action.

Legal Remedies for Wrongful Termination

State agencies will pursue the appropriate remedies for the violations for which an employee files a claim. While there are a number of possibilities, they vary according to type of violation and severity of abuse:

Lost wages
Reinstatement of benefits and position
Compensation for stress and suffering
Attorney’s fees and court costs
Punitive damages
Injunctive relief in the workplace

State laws in South Carolina also provide additional penalties for employers who are guilty of the following violations:

Jury duty – for wrongful termination, liable for 1 year’s salary; for demotion, liable for 1 year’s difference between previous and lower salary

Garnishment – child support withholding, for employee rights violations, fines of up to $500

Plant Closings – employers who do not give notice equal to that required of employees who resign, liable for damages to every employee for what they suffer as a result of the failure to give notice

While state agencies handle all claims and civil suits under South Carolina law, they have many cases to pursue. In addition, the laws against wrongful termination and discrimination are complicated and specific claims can get overlooked. For thorough representation and experienced handling of their case, it can be to the advantage of employees to retain their own employee rights lawyer to assist them through this difficult process and ensure their rights are protected.