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Questions Answered by Jeremy R. Summerlin
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... Read 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, although... Read 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... Read 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.

1 Answer | Asked in Employment Law for South Carolina on
Q: What do I do when I work at a store that has highly unethical and borderline illegal practices

I work for an adult novelty store and recently learned of a large number of highly unethical and borderline illegal practices by both the owner and several employees. I've learned from both current and past employees that I'm being strong armed into quitting because these "practices" are bringing... Read more »

Jeremy R. Summerlin
Jeremy R. Summerlin answered on Apr 9, 2018

If the unethical conduct violates the law, then you can report such conduct to the appropriate authorities. It depends greatly on the exact facts of your case as to whether you would be protected from retaliation if you report the misconduct. You should seek counsel with an experienced employment... Read more »

1 Answer | Asked in Employment Law for South Carolina on
Q: job wants signature to addedum in handbook to withhold earned vacation time if terminated.

Time accrued occurred prior to the singing of this handbook update. I can see vacation time earned after this new rule being withheld , but the vacation time prior was when this was not the policy and they are going back and retroactively including that time as well, and also under the previous... Read more »

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

The answer would depend on the specific language of the addendum and policy. You should take both to an employment attorney for a consult.

1 Answer | Asked in Employment Law for South Carolina on
Q: As a Supervisor, Is it retaliation if I’m terminated due to employee accusations against me of retaliation?
Jeremy R. Summerlin
Jeremy R. Summerlin answered on Apr 2, 2018

No, retaliation is only when YOU make a legally protected complaint (of discrimination, for example) and then the employer fires you or takes other adverse employment action against you.

1 Answer | Asked in Contracts and Employment Law for South Carolina on
Q: I recently left a company with a non-compete that specifies a territory "within the United States". Is this enforceable?

The company I left does a small percentage (less than 1%) of work that I would potentially be competing with so it would not affect their core business. Also, I would be providing only some overlapping services, and not all that I was producing at the previous company. Do I need to worry about an... Read more »

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

The answer depends very much on the exact language of the non-compete. SC law requires that a non-compete be limited reasonably in time (three years or less, generally) and reasonably in geographic scope, among other requirements. If you serviced customers all over the US, then the agreement MAY... Read more »

1 Answer | Asked in Employment Law for South Carolina on
Q: Is an employer allowed to take an employees tips?

We put all of the tips together and divide them amongst the employees based on hours worked at the end of the month. Can an employer take those tips away? They say they’re a privilege to get, not a right, and they can take them away at any given time.

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

If you are getting paid $2.13 an hour plus tips, then you are entitled to your tips, unless some of those tips are subject to a valid tip pool arrangement. If you are paid at at least $7.25 an hour, then the law is a little unclear on whether or not you are entitled to keep those tips. Speak with a... 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.

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