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?
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. Lexington 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.
Additionally, the Family and Medical leave act prohibits employers from firing employees for having taken leave for family or medical reasons. 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?
Local Lexington, South Carolina lawyers can properly inform you regarding whether a wrongful termination has in fact occurred. They can also help you gather the necessary documents for your case, and can guide you through any procedures that may be unique or unfamiliar.