The majority of employment relationships in South Carolina fall into the category of "at-will" employment. This type of setup means that either employer or the employee is free to end the employment at any time they desire. The only exception to "at-will" employment is that the employment may not be terminated in a manner that violates the law.
Employment arrangements that do not qualify as "at will" are not subject to the same limitations and restrictions, so it is crucial that you know how your work setup is classified. Typically, if your employment arrangement was for a set term, it is not "at will", and the employment can only be terminated according to procedure contained in the contract.
What are the Illegal Grounds for Terminating At Will Employment in South Carolina?
Regarding terminating a South Carolina employee, discrimination is the most common illegal reason. An employer may not fire an employee just because they are of a particular race, religion, gender, or nationality. Employers in Beaufort may also not terminate at-will employees as an act of retaliation if they have filed a legal discrimination claim or prompted an investigation into discrimination.
Additionally, according to the Family and Medical leave, employers are prohibited from firing employees who take leave for family or medical purposes. Lastly, employees are protected from being fired by their employer for performing a legal obligation, exercising their legal rights, or for refusing to participate in an illegal act.
Do I Need a South Carolina Attorney for My Wrongful Termination Case?
Beaufort, South Carolina lawyers are knowledgeable and can inform you properly as to whether a wrongful termination has occurred. They will also be able to help you gather the required information and documents, and will guide you through any unique or special procedures.