Asked in Workers' Compensation and Employment Law for South Carolina

Q: Can I be let go from my job because I'm having surgery and I'm under workers comp at this time

2 Lawyer Answers

Ilene Stacey King

Answered
  • Workers' Compensation Lawyer
  • COLUMBIA, SC
  • Licensed in South Carolina

A: This is a complicated issue. The short answer is, usually, yes, you can be let go. South Carolina is what is called an employment at will state which generally means an employer can hire or fire for any reason, good or bad, or no reason at all. There are some exceptions.An employer can not hire or fire based on race, gender, age,or permanent disability because that would be prohibited discrimination. Also, an employer can not retaliate against you for pursuing your workers' comp remedies. If you are going to be out of work, it is helpful to look into whether you can be protected by taking leave under the FMLA. There are rules for whether you would qualify for that. If you do not qualify for leave under FMLA, in most situations the employer is not obligated to hold your job. Most people are surprised to learn that there is not a special provision under the South Carolina workers comp law that requires an employer to hold your job while you recover from your work injury. As I first said, this is a complicated subject. All cases are fact specific. You really need to have a conversation with an experienced South Carolina workers' comp attorney to determine your best course of action. Most of us on this web site offer free consultations. I hope this information helps.

Freddy Woods

PREMIUM
Answered
  • Workers' Compensation Lawyer
  • Beaufort, SC
  • Licensed in South Carolina

A: Yes, you can be let go. South Carolina is one of the states that will allow an employer to fire you for no cause, good cause or any cause. However, you cannot be retaliated against for filing your workers compensation claim.

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