The majority of employment relationships in South Carolina fall into the category of "at-will" employment. This form 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 can not be terminated in a manner that breaks the law.
Employment arrangements that do not qualify as "at will" are not subject to the same limitations and restrictions, so it is essential that you know how your work setup is classified. Usually, 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 specific race, religion, gender, or nationality. An employer in Charleston also cannot fire at-will employees in retaliation for the employee filing a claim for discrimination or initiating an investigation of discrimination against the employer.
Additionally, under the Family and Medical Leave Act, employers may not terminate employees who have taken leave for family reasons or medical treatment. Lastly, employers are prevented from terminating an employee because they have exercised a legal right, performed a legal obligation, or have refused to do something that is illegal.
Do I Need a South Carolina Attorney for My Wrongful Termination Case?
A local Charleston, South Carolina attorney can better inform you about whether a wrongful termination has occurred, and will also help in collecting the appropriate documents for your case. There may also be unique procedures that an attorney can shepherd you through.