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. In general, employment that is subject to a set period employment contract is not considered to be "at will", and termination can only happen in accordance with procedures outlined in the contract.

What are the Illegal Grounds for Terminating At Will Employment in South Carolina?

The most common illegal ground for terminating a South Carolina employee is discrimination. An employer cannot terminate an employee simply for being of a certain race, nationality, religion or gender. Chester employers are further prohibited from firing at-will employees in order to retaliate against them for filing a legal discrimination claim or initiating an investigation of discrimination.

Also, under the Family and Medical Leave Act, employers may not terminate employees who have taken leave for family reasons or medical treatment. Finally, employers are prevented from firing 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 Chester, South Carolina attorney can better inform you about whether a wrongful termination has occurred, and will also help in gathering the appropriate documents for your case. There may also be unique procedures that an attorney can shepherd you through.