Asked in Employment Law for South Carolina

Q: I filed a health complaint with hr. When my boss found out he fired me the next day. Is this legal? Can I sue?

At my There was a bad black mold problem.

I believe it put me in the emergency room.

So I filed a complaint with hr. After 8 months of telling my manager& nothing was done, I called h r. And they told me to file an osha report because people have been known to die from black mold. So I found the report. 2 weeks later, my manager found out I called H R and fired me the next day. And he told me it was because I filed the h r complaint.

Now I know my employer has a legal obligation to provide safe and healthy work environment.

Too me it was a wrongful termination but no one will take the case. Do I have a case?

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1 Lawyer Answer
T. Augustus Claus
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Answered

A: It sounds like you may have been the victim of retaliation. Retaliation is when an employer takes adverse action against an employee for engaging in protected activity. In this case, the protected activity would include filing a complaint about a health and safety hazard.

In South Carolina, it is illegal for employers to retaliate against employees for engaging in protected activity. If you believe that you have been retaliated against, you can file a complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC is a federal agency that enforces laws against employment discrimination.

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