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Questions Answered by Jeremy R. Summerlin
1 Answer | Asked in Employment Law for South Carolina on
Q: Employer Limiting Freedom of Speech

I just left a team meeting where my Director told us that we would get corrective action/fired if we engaged in personal conversations (on personal cell phone) with our co-workers complaining/venting about them ( Director & Manager) or about the company? Also, insinuated that younger people are... View More

Jeremy R. Summerlin
Jeremy R. Summerlin
answered on Jan 23, 2024

Interfering with an employee’s right to discuss the terms and conditions of the workplace with coworkers likely violates the National Labor Relations Act and could be reported to the National Labor Relations Board through a filed complaint. And if an employee is fired for engaging in protected... View More

1 Answer | Asked in Employment Law for South Carolina on
Q: I have a non compete, it says I can’t work in the industry I have been working in. Will a court actually side with this
Jeremy R. Summerlin
Jeremy R. Summerlin
answered on Sep 13, 2022

Possibly, but it will depend on the specific language in the agreement. You can reach out to a SC non-compete lawyer for a consult so you understand your obligations.

1 Answer | Asked in Contracts and Employment Law for South Carolina on
Q: Am I going to lose my current job?

I had an employment agreement with a company but my situation changed before I was ever officially slated to start and I had to back out of the contract. The employer told me on a phone call that he would void the contract and that he would move on to other candidates. A month later I found a... View More

Jeremy R. Summerlin
Jeremy R. Summerlin
answered on Jun 17, 2022

You would need to reach out directly to a South Carolina employment lawyer for a review of the contract in more detail.

1 Answer | Asked in Employment Law for South Carolina on
Q: I am trying to find out if I can break my employment contract. I can send over the contract to who is able to answer.
Jeremy R. Summerlin
Jeremy R. Summerlin
answered on Jun 2, 2022

If you are working in SC, you should reach out to a local SC employment lawyer for a contract review.

1 Answer | Asked in Employment Law for South Carolina on
Q: Is my company required to pay me more, as a salary member of management, when being forced to work 7 days a week?

My salary was based off 45-50 hours per week, but now I am working 80+ hours per week.

Jeremy R. Summerlin
Jeremy R. Summerlin
answered on May 25, 2022

Normally, if you are paid a salary and are performing the duties of a manager (such hiring, firing, and supervising two or more employees), or if you meet any other requirements for an exemption, you would not be paid overtime, no matter how many hours you are required to work. If you believe you... View More

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.

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... View 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.

1 Answer | Asked in Contracts and Employment Law for South Carolina on
Q: What is statue of limitations on breach of an employment contract by the employer?
Jeremy R. Summerlin
Jeremy R. Summerlin
answered on Mar 27, 2020

The statute of limitations for breach of contract claims, including employment contracts, is three years in SC.

1 Answer | Asked in Employment Law for South Carolina on
Q: Can work place not pay you once you have worked there a couple days?

I was working for a company and I work a couple of days and do to my medical problem I was not able to continue the job so when it was time for me to get paid for the days I did work the have not paid me and I sent a 24 hour notice to my Boss and his Boss letting them know if I don't receive... View More

Jeremy R. Summerlin
Jeremy R. Summerlin
answered on Jan 16, 2020

You have the option of filing a complaint with the SC Dept. of Labor, Licensing and Regulation (LLR). They can investigate your claim and potentially fine the employer. But they cannot recover your money. If the amount you're owed is less than $7,500, then you can file a small claims court... View More

2 Answers | Asked in Employment Law for South Carolina on
Q: What can I do about not getting my pay check for work that I have completed?

I have worked but don't get paid

Jeremy R. Summerlin
Jeremy R. Summerlin
answered on Jan 16, 2020

You have the option of filing a complaint with the SC Dept. of Labor, Licensing and Regulation (LLR). They can investigate your claim and potentially fine the employer. But they cannot recover your money. If the amount you're owed is less than $7,500, then you can file a small claims court... View More

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1 Answer | Asked in Employment Law for South Carolina on
Q: If my job gave me holiday pay and I seen it before time went in can they turn around and take it back from you

We had 8 hrs for holiday pay and all the employees seen it now time went in they took the holiday pay back can they do that

Jeremy R. Summerlin
Jeremy R. Summerlin
answered on Dec 18, 2018

If the holiday was given by mistake, then the company can take it back. If the pay was lawfully earned by the employees or owed pursuant to a policy or contract, then the company should not be able to take it back.

1 Answer | Asked in Employment Law for South Carolina on
Q: Remote employee confused on which state to seek legal help in regards to an already signed, non-compete agreement.

None

Jeremy R. Summerlin
Jeremy R. Summerlin
answered on Dec 18, 2018

If you work in South Carolina, then South Carolina law would apply, unless there's a provision in the contract that says that another state's laws would apply.

1 Answer | Asked in Employment Law for South Carolina on
Q: My boss threatened me with a hefty lawsuit if i mess up again. Can he really do that over a mistake?

I work for an ecig retail shop in Fort Mill, SC. After not properly IDing someone who was a secret shopper (and easily looked 30-35 years old), I was threatened by y boss in a very crass manner that he would file a civil suit against me until i have no money left and owe him for the rest of my... View More

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

I don't see what legal grounds he would have to sue you over, unless you signed some sort of contract with him that provides him with some remedy for a situation like this, which I doubt.

1 Answer | Asked in Employment Law for South Carolina on
Q: South Carolina employer automatically deducts 30 minutes of pay after 6 hours of work whether I take it or not. Legal?
Jeremy R. Summerlin
Jeremy R. Summerlin
answered on Aug 28, 2018

No, if you are working during those "break times," then you should be paid for those hours worked. That type of deduction, if you're still working, is wage theft and illegal in SC.

1 Answer | Asked in Contracts for South Carolina on
Q: Signed SC employment contract with hospital to pay back $ if I leave within 2 years? No actions are listed if I don't.

Can they hurt my credit if I don't pay it back? Or take me to court? Not sure if there is anything they can do to enforce this contract since it is not mentioned in the actual agreement.

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

They could sue you to recover the amount owed under a breach of contract theory.

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,... View More

1 Answer | Asked in Employment Law for South Carolina on
Q: Can I get unemployment if I get fire or laid off within 90 days of hire or employment. ?
Jeremy R. Summerlin
Jeremy R. Summerlin
answered on Jun 4, 2018

You can apply for unemployment benefits, but the amount you might receive is based on your income in the months leading to your termination. Also, if you were fired for cause, then you won't receive any benefits.

1 Answer | Asked in Employment Law for South Carolina on
Q: AFTER BEING ON FMLA I RETURNED TO WORK TO MY SAME JOB BUT WAS ONLY GIVEN 3 DAYS TO WORK INSTEAD OF 5. CAN THEY DO THIS.

I HAVE BEEN WITH THIS COMPANY FOR 18 YEARS AND HAVE ALWAYS WORKED 5 DAYS A WEEK. FMLA SAYS THAT I SHOULD HAVE MY SAME JOB AND WORK SCHEDULE AND PAY.

Jeremy R. Summerlin
Jeremy R. Summerlin
answered on May 8, 2018

You may have a claim for FMLA retaliation. You should speak with an employment attorney in more detail to determine your legal options.

1 Answer | Asked in Employment Law for South Carolina on
Q: Incorrect job classification results in unfair pay. Can I sue?

Employer informed job classification is lower than what is appropriate for the type of work I do. As a result, I’m being paid less than I should be. As job duties continue to increase, my salary has not been corrected. What can I do to receive fair compensation?

Jeremy R. Summerlin
Jeremy R. Summerlin
answered on May 3, 2018

Unfair pay can be negotiated to a more fair salary amount, but there's no legal claim for it. The only exception is for cases where you have been misclassified as exempt from overtime pay but you are, in fact, working overtime hours without getting paid overtime (in other words, you might be... View More

1 Answer | Asked in Employment Law and Family Law for South Carolina on
Q: Am I entitled to have 3 days off for my aunt passing away?
Jeremy R. Summerlin
Jeremy R. Summerlin
answered on Apr 12, 2018

South Carolina law does not require an employer to offer funeral leave; however some employers do offer it as a benefit. Check your employee handbook. Otherwise, you'll just have to request it off and see what the employer does.

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