What is Employment Law in South Carolina?
Map courtesy of Geology.com except where noted.
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South Carolina is located in the "deep south" of the U.S. and is bordered by the Atlantic Ocean to the east. One of the 13 original colonies, it was the first to separate from the Union and served as the founding state for the Confederate States. Today South Carolina is an important hub of social and economic activity. "Carolina" comes from the Latin word "Carolus", meaning Charles, a reference to a British king.
The capital of South Carolina is Columbia. The capitol building is called "The State House" and is where the legislature creates state laws. The University of South Carolina School of Law is also located in Columbia. South Carolina is noted for its extensive legal history, particularly in the area of alcohol laws. For example, South Carolina is the first U.S. state requiring mandatory videotaping by a police officer administering a breathalyzer test or making a DUI arrest.
South Carolina's judicial branch consists of the Circuit Court level, the intermediate level Court of Appeals, and the state Supreme Court. There are also minor courts below the Circuit Court level. Most trials are processed at the Circuit Court level. South Carolina's Circuit Court system is somewhat unique in that they have limited powers to hear some appeals.
Many lawyers in South Carolina are members of local bar associations in addition to the South Carolina Bar. The South Carolina Bar has over 13,500 members. South Carolina lawyers provide assistance in all types of legal claims and disputes.
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At-Will and Contract Employment
Most job relationships in South Carolina are on the basis of "at will" employment, but in other cases there may be an employment contract with a set term. "At will" employment implies that either the employee or the employer may end the relationship at any point, so long as the reason for the termination is not illegal. If the employer and employee are working according to an employment contract, South Carolina employment law will govern the various clauses contained in the contract.
The Law of Discrimination in South Carolina
According to South Carolina law, employees may not discriminate against their employees regarding any phase of the employment, including hiring policies, workplace procedures, and termination. The law in South Carolina defines certain categories, or classes, against which it is illegal to discriminate. These classes may include race, gender, age, national origin, disability and religion. Lawyers who specialize in workplace discrimination in South Carolina can help clarify when behavior may be considered employment discrimination.
