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South Carolina Employment Discrimination Questions & Answers
1 Answer | Asked in Employment Discrimination and Employment Law for South Carolina on
Q: I am a hourly employee and having to work 55-60 hours a week and haven’t had a day off in 30 days is this legal
Jeremy R. Summerlin
Jeremy R. Summerlin answered on Jun 1, 2021

Yes, you can be required to work as many hours as they ask of you, but they must pay you an overtime premium of time and a half for all hours over 40 per week, unless an exception applies.

1 Answer | Asked in Employment Discrimination and Employment Law for South Carolina on
Q: Can my Retail employer make me work two job roles while paying me hourly to cover an hourly and a salaried position?

I have been working for the same retailer trying to work my way up to General manager in my company. I work as the Sales/Assistant manager in a chain retail store. My current general manager is transferring out to another location. Unless something changes, I am expected to work the job roles of... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Mar 23, 2021

The company's obligations to you regarding your wages will depend on how they are paying you during this time. Generally, the Fair Labor Standards Act does not impose any maximum hour restrictions. However, you must be paid for all hours worked. If you are paid by the hour, you must receive... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for South Carolina on
Q: I was asked to work Sat and Sun my days off! I didn’t sign anything nor a verbal I would come in! On Monday I was fired

I am a contractor working for Lockheed Martin! I also feel my supervisor been trying to form a case on me for months! In person she said I was fired for not coming in but on the report she states it was due to my attitude! She’s white and I’m black

Carrie Dyer
Carrie Dyer answered on Dec 16, 2020

Unless you have an employment contract stating otherwise, your employer can ask you to work on Saturday and Sunday (or any day). If you refuse, your employer can terminate your employment.

Q: I live in Charleston sc an was pulled over over with catalytic converters in my truck an they took them with my permit

They didn't arrest anyone or nothing an investigation came out an kept me an the passenger there for hours before finally letting us go an taking the property that we had an could prove we took them off junk vehicles that was owned by the passenger of my truck is this ok for them to do

Tim Akpinar
Tim Akpinar answered on Nov 16, 2020

A South Carolina attorney could answer your question best, but it remains open for four weeks. As a general matter, catalytic converters attract bad attention due to their theft for the precious metals they contain. Although your transport of the converters was legitimate as metals recycler,... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for South Carolina on
Q: Can an employer fire you for a background that you disclosed to the during recruiting and onboarding?

I was recruited by a company that offered me a great opportunity. At the time, I had a promising career with a major corporation so I was reluctant to take the opportunity because I had a criminal background from ten years prior. I explained to various members of the recruiting company that I had a... Read more »

Carrie Dyer
Carrie Dyer answered on Aug 27, 2020

The specifics of your situation should be discussed with an employment attorney in your area; however, the answer is likely no. In an at-will state such as South Carolina, your employer can deny you employment opportunities or terminate your employment for any reason or no reason, as long as it is... Read more »

Q: I quit job over harassment/illegal treatment is there a way to ask owner for severance w/o it being blackmail/extortion?

Been working at a place for over a decade. Many things have happened over that time, some addressed with management. Sexual harassment, threats of violence, refusal to pay overtime, sharing medical information with subordinates, firing other employees for refusing to work sick etc. The owner... Read more »

Jeremy R. Summerlin
Jeremy R. Summerlin answered on May 22, 2020

You should speak with an employment lawyer in your area. He or she can review your situation and provide some guidance on the strength of any legal claims you might have, which will aid you (or the lawyer) in making a demand for severance.

2 Answers | Asked in Employment Discrimination and Employment Law for South Carolina on
Q: My son ran away so I took a day off from work to look for him. My boss want me to produce a police report about it.

Can he ask for that??? It’s a child

Alden Jay Knisbacher
Alden Jay Knisbacher answered on May 11, 2020

If there is a police report, you can provide it redacted -- I would say almost completely.

If there is no police report, the employer is still required to give you the time off without retaliation -- California Labor Code Sec. 230.8 says you cannot be fired for taking time off for a child...
Read more »

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1 Answer | Asked in Employment Discrimination and Employment Law for South Carolina on
Q: Have been asked to resign or be terminated. Was told it is performance but over exceeded 2019 goals.

I never received notices of low performance. In 2019 I exceeded my sales goals. This year the company lost a customer in my territory, but it was not my fault, as they decided to start buying directly from China. I am 49 years old, and there are other younger sales people who did not reach sales... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Mar 11, 2020

You may have a claim for age discrimination and/or disability discrimination if your pacemaker has a lasting impact on your ability to perform major life activities. However, you'll likely need more evidence than what you've stated above to support your claims. How old are your... Read more »

Q: Can you please define "Hernia" for me please.

I was at work when I felt a pop followed by a searing pain that knocked me breathless onto the floor (in the worst paralyzing pain ever) from a squatting position. ER diagnosed me with an umbilical hernia. I was put on modified duty (not given hours to this day). The single medication I was RXd... Read more »

Carole Jean Hayes
Carole Jean Hayes answered on Aug 6, 2019

Since this is a denied case, I would contact an attorney and relay all information and then see if you have a viable case. The five requirements we need are (1) an injury resulting in hernia that (2) the hernia appeared suddenly and (3) was accompanied by pain and the (4) hernia immediately... Read more »

Q: Was injured at Walmart while working for them just recently. 4 days ago let H R know about losing feeling in both hands

Yesterday 3 hours before my shift ended I was called into office and was told that due to a b s excuse they like to use I have to be terminated Now I don't know if I can get help with my situation and they are liable. I had been with them full time for over 2 years I have No insurance Please help

Tim Akpinar
Tim Akpinar answered on Jan 15, 2019

Try additionally reposting your question in the Workers' Compensation section. Hopefully one of the experienced attorneys in that category could pick up the question.

Tim Akpinar

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1 Answer | Asked in Employment Discrimination and Employment Law for South Carolina on
Q: If a employee separates hisself from his employer . An they don’t want to give him his last paycheck what can happen ?

Can he sue the employer ?

Jeremy R. Summerlin
Jeremy R. Summerlin answered on Aug 28, 2018

Yes, if an employer fails to pay the employee, then the employee can bring a lawsuit under the SC Wage Payment Act. If the amount owed is less than $7500, then you can bring a lawsuit in small claims court/magistrate's court yourself. You can also contact the SC LLR to file a complaint,... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for South Carolina on
Q: Terminated after being charged at. Was charged with Assault and battery 3rd degree. Case dismissed. Can I sue employer?

Was denied unemployment benefits and pending chargers were placed on background. I have no source of income. The chargers and termination were reason for no employment after companies checked background.

Jeremy R. Summerlin
Jeremy R. Summerlin answered on Apr 2, 2018

If the police charged you with a crime, the employer is legally allowed to fire you. SC is an at-will employment state, and unless the termination is based on discrimination on the basis of age, race, disability, sex, religion, or national origin, then you don't have a basis to sue your employer.

1 Answer | Asked in Employment Discrimination and Employment Law for South Carolina on
Q: Can you sue a former employer for being a bully? Threatening you by intimidation to the point of being fearful of job
Jeremy R. Summerlin
Jeremy R. Summerlin answered on Apr 2, 2018

Not unless the bullying was based on your age, race, sex, disability, national origin, or religion. Regular bullying is not necessarily against the law.

1 Answer | Asked in Employment Discrimination for South Carolina on
Q: I need a lawyer to deal with work place retaliation and protected status of race discrimination; under section 1981.
Jeremy R. Summerlin
Jeremy R. Summerlin answered on Apr 2, 2018

You can find an employment lawyer through the Find a Lawyer function via Justia. You can also contact the SC Bar's Lawyer Referral Service as well.

1 Answer | Asked in Employment Discrimination for South Carolina on
Q: A city hires a Judge for its court system and does not put out the job for applicants to apply and a 20 year employee

of the court system does not have a chance to apply and she feels like its because she is a female; is this discrimination?

Jeremy R. Summerlin
Jeremy R. Summerlin answered on Apr 2, 2018

You would need more facts than a "feeling" that you were discriminated against on the basis of your sex. However, if you do have additional facts, you can contact the EEOC to file a charge of discrimination against the employer. You have 300 days from the date of the action to file.

1 Answer | Asked in Employment Discrimination, Employment Law and Legal Malpractice for South Carolina on
Q: At work of they ask you to leave early due to labor can you legally say no in leaving.
Jeremy R. Summerlin
Jeremy R. Summerlin answered on Apr 2, 2018

You can say no, but your employer would have every right to fire you for insubordination. SC is an at-will employment state, so unless the decision to send employees home is motivated by race, age, disability, sex, or other protected reason, the employer can send people home early.

1 Answer | Asked in Employment Law and Employment Discrimination for South Carolina on
Q: Is level of education a protected category for discrimination?

I have a Master's degree, my company said they would pay for me to go back to get an MBA. Now, they changed their mind and said that they will not offer me tuition assistance for anything because I already have a graduate degree.

Jeremy R. Summerlin
Jeremy R. Summerlin answered on Mar 2, 2018

No, level of education is not a protected category. However, if the company promised to provide tuition assistance but then went back on its promise, then it may be a breach of contract claim that you have. Of course, details matter and a consult with an employment lawyer would be required.

1 Answer | Asked in Employment Discrimination for South Carolina on
Q: My friend got fired n the person who verified did not. Friend white other black. Reverse discrimination?

The other was to verify correct bottle n did. Another care giver caught it n friend was fired but the girl that verified that it was the correct bottle did not. Friend thinks because other is black n she is white. Reverse discrimination. Because of place saying it was misconduct n not safety... Read more »

Jeremy R. Summerlin
Jeremy R. Summerlin answered on Jun 28, 2017

The specific facts matter. She should schedule a consult with a local employment lawyer to review her case. She can also contact the EEOC to file a charge of discrimination.

1 Answer | Asked in Civil Rights and Employment Discrimination for South Carolina on
Q: If a black and white employee are giving different punishments for same offense in workplace,would it be discrimination?

I am a black man and I was fired for something that other white employees do also. The supervisor didn't like me and wanted to put his buddy in my office. So, he found stuff to terminate me for,when we have been doing it that way for 8 years. Other managers have said they did the same... Read more »

Jeremy R. Summerlin
Jeremy R. Summerlin answered on Jun 28, 2017

If you were treated differently from a white employee because of your race, you may have a claim for race discrimination. You have 300 days to file a charge of discrimination with the Equal Employment Opportunity Commission or else your claim is time-barred.

1 Answer | Asked in Civil Rights and Employment Discrimination for South Carolina on
Q: Union fails to get job back after firing. Presents a hush agreement with no return to job. Is this mis representation?

Company and union offer a hush agreement due to illegal firing . Does not give back full rights or job.

Jeremy R. Summerlin
Jeremy R. Summerlin answered on Jun 28, 2017

If your termination was based on an illegally discriminatory reason, such as age, race, sex, or disability, you should contact the EEOC within 300 days of your termination to file a charge of discrimination. You can also contact a local employment lawyer for fact-intensive consult regarding your... Read more »

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