Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Jeremy R. Summerlin
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 for South Carolina on
Q: I only got one week of pay when I should have gotten two weeks of pay from my past company. Do i have any recourse here?

I was paid bi-weekly. I was let go at the end of a pay period in which I worked both weeks of that pay period. When I got my last check from the company, it was only for one week. I called and talk to HR and they told me that the dates that are printed on my pay stub are not correct. They said that... Read more »

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

If you have not been paid for all hours that you worked, then you can contact the SC Labor, Licensing and Regulation to file a complaint. You can also bring a lawsuit in small claims court (magistrate's court) for the unpaid wages.

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 Contracts and Employment Law for South Carolina on
Q: Can a non-compete covenant be enforced if there is no one to compete against?

I am a Bariatric Surgeon. I recently resigned as a solo hospital employed Bariatric surgeon because of bad faith dealings on the part of my hospital. I had a non-compete restrictive covenant in my contract for one year, 70 mile radius of the hospital. Since I was a solo practitioner and the... Read more »

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

The answer is fact-specific. You should schedule a consult with a South Carolina non-compete lawyer to have your case reviewed.

1 Answer | Asked in Employment Law for South Carolina on
Q: If an empower says they pay 30 percent of a job you. Can they be held to that percentage.
Jeremy R. Summerlin
Jeremy R. Summerlin answered on Jun 28, 2017

If the agreed-upon terms of employment call for you to receive 30% of a job, then that is what you are owed. It would be helpful to have that agreement in writing, but a verbal agreement can still be valid, if you can prove it.

1 Answer | Asked in Employment Law for South Carolina on
Q: Can a SC employer take any monies from a final paycheck for any reason besides money owed ie loans or tool payments?
Jeremy R. Summerlin
Jeremy R. Summerlin answered on Jun 28, 2017

Typically, for an employer to deduct any amounts from a check, the employer must provide 7 days written notice of the deductions. If no notice was provided, then the amount was wrongfully withheld.

1 Answer | Asked in Employment Law and Education Law for South Carolina on
Q: As a teacher, can I sue my school district if I believe they are not providing a safe environment for myself or students

Am currently employed by Charleston County School District. This is my third year teaching and the second year I have worked for CCSD. The 2016-2017 school year has brought tremendous emotional distress into my work, family, and personal life. The students at the school this year have been... Read more »

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

This is not a private forum, so your question is now available to your current employer. I suggest you delete this question, if possible, and schedule a consult with a local employment lawyer.

1 Answer | Asked in Employment Law for South Carolina on
Q: What is considered good cause for leaving an employer? How much verbal abuse and name calling are you expected to take?

My mgr approached me in the middle of the store where I was working yelling at me in front of all the other employees and customers because I needed to get off 2 hours early to take my daughter to the doctor. He laughed at me as he told me that I could not go. Then he called me a name and told me... Read more »

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

Typically, SC DEW includes the statutory definition of "good cause" on the form that you were sent that denied you benefits. In general, the good cause requirement will be satisfied if your reason for leaving was due to unsafe working conditions or job tasks, a violation of your... Read more »

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 Employment Law for South Carolina on
Q: Can employer preclude me from taking outside work?

I work for a nonprofit gym chain watching children while their parents work out. My employer does not allow their employees to take outside babysitting jobs for their members, (although doing so would not take business away from the employer). They claim it's for the safety of the children,... Read more »

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

SC is an at-will employment state, meaning that you can be fired for any reason at all, good or bad, or even no reason. There's nothing illegal about your employer's rule that would prevent them from firing you for violating it. You also always have the right to quit at any time.

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 »

1 Answer | Asked in Employment Discrimination for South Carolina on
Q: I have been working for a bank almost 14 years and I feel I didn't get the job cause of my age and other reasons.
Jeremy R. Summerlin
Jeremy R. Summerlin answered on Sep 1, 2015

I hope you consulted with a lawyer within 300 days of the discrimination, otherwise the claim in time barred.

1 Answer | Asked in Employment Discrimination for South Carolina on
Q: Who do I file a complaint with for reverse discrimination? I am a Nurse working for the Department of Corrections in a h

working in a hostile work environment being harassed by another Nurseof another race??

Jeremy R. Summerlin
Jeremy R. Summerlin answered on Sep 1, 2015

If you have been discriminated against on the basis of your race, you should file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) with 300 days of the discrimination.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.