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South Carolina Employment Law Questions & Answers
0 Answers | Asked in Employment Discrimination and Employment Law for South Carolina on
Q: Fired after a food quality check; suspect race and age discrimination.

I was a floating Deli Manager and was doing a quality food check when I was fired. The termination seems based on "he said, she said" without solid evidence, and I've noticed differing treatment compared to white managers. I'm over 60 years old, and I suspect race and age... View More

0 Answers | Asked in Employment Law and Contracts for South Carolina on
Q: Do I need to sign a cease and desist form from my former employer?

I resigned from my previous job after signing an employee confidentiality and proprietary rights agreement. My former employer has now sent me a cease and desist letter, claiming I deleted important files and improperly forwarded information from my work email to my personal email during my... View More

0 Answers | Asked in Employment Law and Contracts for South Carolina on
Q: Is it legal to enter the office after accepting a verbal severance offer in SC?

I was given a verbal offer for severance consisting of 4 weeks' pay during a meeting last week. I was told I could accept this offer at any time during my 45-day Performance Improvement Plan (PIP). On Saturday, I emailed both my boss and the HR representative who were present in the meeting to... View More

0 Answers | Asked in Employment Law and Appeals / Appellate Law for South Carolina on
Q: Wrongful termination from Instacart due to disputed cancellation rate exceeding 15%.

I believe I was wrongfully terminated from the Instacart platform. Instacart claims my termination was due to exceeding a 15% cancellation rate. However, during a severe snowstorm, they canceled deliveries without my consent, and I was assured via email that these cancellations would not count... View More

0 Answers | Asked in Traffic Tickets and Employment Law for South Carolina on
Q: Failed to appear in NC (2018), fines in NC & SC, no SC license. Steps to resolve?

I failed to appear in Cabarrus, NC, in 2018 for driving with a suspended license. I've since moved to South Carolina and was denied a driver's license due to this issue and failures to pay fines in Mecklenburg, NC, and Chester, SC. I contacted the DMV for information on resolving the... View More

0 Answers | Asked in Employment Law for South Carolina on
Q: Should I seek legal advice after HR report on promotion guidance wording?

I am an employee and recently found myself in a difficult situation at work. I failed to respond to an employee's email due to an oversight on my part. Additionally, when the employee asked for guidance on how to be promoted, I provided a written explanation covering the next two levels of job... View More

0 Answers | Asked in DUI / DWI, Domestic Violence, Public Benefits and Employment Law for South Carolina on
Q: Can a DUI case be handled out of state for a disabled person who missed court due to health?

My brother was arrested for a DUI in South Carolina almost 3 years ago but moved out of state due to a domestic situation and severe heart problems. After he moved, he had 2 heart surgeries. We informed the court of his medical condition and new address, but never received any communication from... View More

0 Answers | Asked in Employment Law for South Carolina on
Q: Reactivation review

Grubhub driver care said there's nothing wrong with my account however a specific reactivation group said I had material impediment with Grubhub. I never got notifications on email notifying what im doing wrong before finding that out. Do i have bases to sue as they're not giving clear... View More

1 Answer | Asked in Employment Law for South Carolina on
Q: My boss told me that if I apply for FMLA I may need to take a demotion.

I had a conversation with my boss where I asked about FMLA due to needing to use my PTO to take care of my disabled wife. She told me that the company may not want a manager who is not able to be in office or may be out more that usual and if I take FMLA I may need to consider taking a demotion.... View More

Jeremy R. Summerlin
Jeremy R. Summerlin
answered on Feb 4, 2025

This may constitute interference with your FMLA rights, as well as retaliation. You should speak with a South Carolina employment lawyer in more detail about your situation.

1 Answer | Asked in Military Law and Employment Law for South Carolina on
Q: Can an employer question you about military discharge, can they receive military documentation without requesting

a wavier to receive records of military charges other than the original signature to conduct a background check?

James L. Arrasmith
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answered on Oct 31, 2024

Employers are allowed to ask about your military discharge status as part of the hiring process. However, they should refrain from delving into the specific reasons behind your discharge unless it directly relates to the job you're applying for. It's important to understand your rights in... View More

1 Answer | Asked in Contracts, Employment Law and Immigration Law for South Carolina on
Q: Can I sue my company?

I recently got a promotion for my company’s first overseas contract. Being the first, my company did not know all that was required to have me start work in the new place. So they sent me overseas with no mission visa and had me working for 3 months before allowing me to then go back to the U.S.... View More

James L. Arrasmith
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answered on Oct 13, 2024

I'm sorry you're experiencing this situation. It's important to reach out to a qualified attorney who can provide you with the appropriate guidance.

1 Answer | Asked in Employment Law and Civil Rights for South Carolina on
Q: Salaried South Carolina employee tardies counted for termination but not required to clock in or out

If you are a salaried employee in South Carolina where you get a fixed salary each paycheck but you're not required to clock in or out how can being late to a shift be counted against you for termination?

James L. Arrasmith
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answered on Oct 10, 2024

I understand your concern about being a salaried employee who isn't required to clock in or out. Even without a time-tracking system, employers can still enforce attendance and punctuality policies. They may monitor your arrival times through managerial observation or other informal methods.... View More

Q: I'm a teacher. While sick with Covid pneumonia, I was medically terminated for missing 1 day over 90. Was that legal?

I am a teacher in the state of SC. At the beginning of the 2021school year, I was sick with double Covid pneumonia. I used my days with the FBLA. The school district extended me 30 days but did tell me that if I missed 1 day over 90, I would be medically terminated and would have 5 days to appeal... View More

Maurice Mandel II
Maurice Mandel II
answered on Sep 19, 2024

When you have a medical condition that constitutes a physical disability, several laws apply to you, in addition to laws such as family leave acts (Federal and state). You may be protected by the Federal ADA and SC's equivalent disability protection laws. You should search for SC- employment... View More

1 Answer | Asked in Employment Law for South Carolina on
Q: I have a former employer threatening to enforce a non-compete against me. What should I do in this situation?

I am writing to remind you that pursuant to the provisions of your Nexstar compensation plan you are bound to certain post-employment obligations as follows:

Through March 25, 2025, you may not, whether directly or indirectly, with or without compensation, enter into or engage in the... View More

Maurice Mandel II
Maurice Mandel II
answered on Sep 19, 2024

You really need to take all your documentation about this job and your agreement to a local attorney. The laws vary greatly from state to state about these non-compete agreements. In some states they are not enforceable against ordinary employees at all, in other states they are fully enforceable,... 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

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