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 important 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?

Discrimination is the most common illegal grounds for terminating an employee in South Carolina. Employers are not allowed to terminate an employee because of their race, religion, nationality, or gender. An employer also may not fire an at-will employee in retaliation for the employee initiating an investigation into discrimination or filing a legal claim of discrimination against the Gaffney employer.

Additionally, 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?

In Gaffney, South Carolina, a lawyer will be able to notify you about whether you are a victim of wrongful termination, and they will be able to guide you in collecting the necessary documents. Sometimes there can be procedures that are unique, and a lawyer can guide you in these as well.