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South Carolina Employment Law Questions & Answers
0 Answers | Asked in Employment Law for South Carolina on
Q: Did nurses start watching people pee
0 Answers | Asked in Employment Law for South Carolina on
Q: WORK FROM HOME WITH THE SAME COMPANY FOR 2 YEARS IN WHICH THEY HAVE SUPPLIED ME WITH THE EQUIPMENT ON APRIL 2 2024 MY EQ

WORK FROM HOME WITH THE SAME COMPANY FOR 2 YEARS IN WHICH THEY HAVE SUPPLIED ME WITH THE EQUIPMENT ON APRIL 2 2024 MY EQUIPMENT WENT OUT ON ME AND I WORKED WITH IT AND DID TROUBLE SHOOTING THEY DETERMIND THAT I NEEDED A NEW SYSTEM SO FROM APRIL 3 2024 UNTIL APRIL 11 2024 I WAS OUT OF WORK IN WHICH... View More

0 Answers | Asked in Employment Law for South Carolina on
Q: When does being a team player at work cross the boundaries when it comes to work. When is it too much work being given

I was hired as a referral specialist. My coworker got hurt and she has been out for 2 months. I have been made to cover her work assignments in addition to my work. My job calls it being a team player. But I feel it's past the point. I am always being asked to do others work when they are out... View More

1 Answer | Asked in Criminal Law, Civil Rights, Employment Law and Health Care Law for South Carolina on
Q: I recently had DSS called on me and of course the case was unfounded. However, I need help.

I have a pretty good idea who did this. I used to work for KC Dispatch and didn’t leave on good terms. Also harassed by them on FB along with text messages. I had a medical issues for seizures and they called DSS claiming I had a drug overdose. I would like to know my rights and how I can pursue... View More

James L. Arrasmith
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answered on Mar 14, 2024

Facing false allegations, especially from a former workplace, can be incredibly stressful and damaging. It's essential to know that you have rights in this situation. The first step is to document everything. Keep records of the harassment on Facebook, text messages, and any communications... View More

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: Can my employer cancel my insurance benefits immediately when I resign if they have already taken payment from my check
T. Augustus Claus
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answered on Jan 19, 2024

In South Carolina, if you resign from your job and your employer has already deducted payments for insurance benefits from your paycheck, it is generally not permissible for them to immediately cancel your insurance benefits. The continuation of insurance coverage is often subject to the terms... View More

1 Answer | Asked in Employment Law for South Carolina on
Q: I filed a health complaint with hr. When my boss found out he fired me the next day. Is this legal? Can I sue?

At my There was a bad black mold problem.

I believe it put me in the emergency room.

So I filed a complaint with hr. After 8 months of telling my manager& nothing was done, I called h r. And they told me to file an osha report because people have been known to die from black... View More

T. Augustus Claus
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answered on Nov 22, 2023

It sounds like you may have been the victim of retaliation. Retaliation is when an employer takes adverse action against an employee for engaging in protected activity. In this case, the protected activity would include filing a complaint about a health and safety hazard.

In South Carolina,...
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1 Answer | Asked in Employment Law for South Carolina on
Q: Can a company keep using my voice on their answering service? 4 years after I was terminated
T. Augustus Claus
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answered on Sep 5, 2023

In South Carolina, as in many states, the use of your voice after termination may depend on various factors, including any contractual agreements and applicable laws.

If you recorded messages or provided your voice during your employment, your former employer may have certain rights to use...
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1 Answer | Asked in Employment Law for South Carolina on
Q: How do i word a subpoena request to DEW that i am seeking all of my outgoing and incoming emails for last mo. employmt?

Need copies of my work emails for last month i was working with former employer. This is in order to prove my validity in upcoming unemployment benefits claim Appeal Hearing. The blank subpoena form I have been provided asks for Name/Documents, Address, and Telephone number.

*Microsoft... View More

John Michael Frick
John Michael Frick
answered on Aug 22, 2023

The best way to word such a request is to include the date of the email, the email address it was sent from, and the email address it was sent to.

For example:

1/15/2023 Email from myname@company.com to mgrname@company.com

1 Answer | Asked in Employment Law for South Carolina on
Q: I’m employed at a chain daycare. I put in for a transfer to another center. The new director keeps giving me a runaround
Maurice Mandel II
Maurice Mandel II
answered on Jul 8, 2023

Sorry you are not getting your transfer promptly. You are considered an "at will" employee and can be terminated at any time with no reason needed, unless you have a written contract that says otherwise. If you make too much fuss about not being transferred promptly, you may be fired... View More

1 Answer | Asked in Employment Law for South Carolina on
Q: If volunteers signed up Company X website and the names are stored/ registered in Company Y. Can an employee of

Company Y share the names with their spouse that works at Company X?

Zach S. Naert
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Zach S. Naert
answered on Jun 29, 2023

There is not enough information here to fully analyze your situation, so I must recommend that you consult with an attorney. I am wondering about the relationship, if any, between Company X and Company Y, and how the information from Company X came to be stored with Company Y. I am also wondering... View More

1 Answer | Asked in Employment Discrimination and Employment Law for South Carolina on
Q: Do employment attorneys work on a contingency basis? Should I contact a lawyer? Just a few examples below.

A 46-year-old female with a disability, I believe my rights have been violated, and I am seeking justice for the mistreatment I have endured. I am on a team of 6; same job different territories. Issues: Bullied by my boss and it is always done in front of an audience. Favoritism is shown to... View More

Zach S. Naert
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Zach S. Naert
answered on Jun 29, 2023

Certainly document everything and contact a Plaintiff's employment lawyer, sooner than later because there are statutes of limitations on your claims, and if you do not pursue them timely you may lose them forever. Some employment lawyers offer free consultations, I always offer free... View More

1 Answer | Asked in Employment Discrimination and Employment Law for South Carolina on
Q: work @ hotel front desk and boss will not exterminate the bed bugs and roaches in the office. Is that legal and

If I bring them home do i have to pay out of pocket for home extermination?

Zach S. Naert
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Zach S. Naert
answered on Jun 29, 2023

This may be a claim that could be pursued as a Workers' Compensation Act claim if you are injured or become sick as a result of the bugs at your job. I am unsure, but I do not believe it is illegal to be a bad employer and fail to keep your employment premises bug free, so it may be a case... View More

1 Answer | Asked in Employment Law for South Carolina on
Q: I filed a claim with the unemployment benefit agency and I was denied, then it was recinded? What is that
Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

Cannot say without seeing the paperwork. It would appear to mean that the decision was taken back. However, they usually say the decision was "vacated" not "rescinded." Rescinded is a contract term meaning the contract was repudiated by one of the parties and they want to undo... View More

1 Answer | Asked in Employment Law for South Carolina on
Q: What does rescinded mean from a decision that the unemployment benefit agency denied my claim

I filed a claim with the unemployment benefit agency and I was denied then they sent me a message saying that the decision was recinded

Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

Cannot say without seeing the paperwork. It would appear to mean that the decision was taken back. However, they usually say the decision was "vacated" not "rescinded." Rescinded is a contract term meaning the contract was repudiated by one of the parties and they want to... View More

1 Answer | Asked in Employment Law, Tax Law and Collections for South Carolina on
Q: When does the collection of NON-fraudulent overpayment of unemployment benefits by the state stops in South Carolina?

The SC department of revenue will be garnishing my state returns on behalf of the SC dept. Of unemployment, is there a statute of limitation?

D. Nathan Davis
D. Nathan Davis
answered on Oct 19, 2022

Whether the overpayment of unemployment benefits occurred because of fraudulent actions of the recipient may be in the eye of the Unemployment Agency. Generally, SC Code of Laws Section 41-40-10(5) states:

(5) Notwithstanding any other provision of this section, no action to enforce...
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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 Employment Law for South Carolina on
Q: I worked as an independent contractor and am owed thousands of dollars. Help, please.

Hi. I worked as an independent contractor for a small business. They owe me $13,814.50

for the work I did for them last year. I have tried to work with them. Offered them payment plans

and even offered to drop the amount owed if they began paying. They have not.

I did work... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Jul 6, 2022

You should contact a South Carolina employment attorney to discuss this situation. In the meantime, you should preserve any written conversations between you and the business and evidence of any payments made or work performed during the timeframe you haven't been paid.

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.

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