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South Carolina Employment Discrimination Questions & Answers
Q: Can you please define "Hernia" for me please.

I was at work when I felt a pop followed by a searing pain that knocked me breathless onto the floor (in the worst paralyzing pain ever) from a squatting position. ER diagnosed me with an umbilical hernia. I was put on modified duty (not given hours to this day). The single medication I was RXd... Read more »

Carole Jean Hayes
Carole Jean Hayes answered on Aug 6, 2019

Since this is a denied case, I would contact an attorney and relay all information and then see if you have a viable case. The five requirements we need are (1) an injury resulting in hernia that (2) the hernia appeared suddenly and (3) was accompanied by pain and the (4) hernia immediately... Read more »

Q: Was injured at Walmart while working for them just recently. 4 days ago let H R know about losing feeling in both hands

Yesterday 3 hours before my shift ended I was called into office and was told that due to a b s excuse they like to use I have to be terminated Now I don't know if I can get help with my situation and they are liable. I had been with them full time for over 2 years I have No insurance Please help

Tim Akpinar
Tim Akpinar answered on Jan 15, 2019

Try additionally reposting your question in the Workers' Compensation section. Hopefully one of the experienced attorneys in that category could pick up the question.

Tim Akpinar

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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 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.

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 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 thing,but... 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 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 Workers' Compensation and Employment Discrimination for South Carolina on
Q: I was injured at work sat and fired Mon. She won't report my shoulder arm injury. I'm hurt and scared. What do I do?

She tried to make it that I quit. She said I accept your notice. I said I'm not giving a notice. We said this 2 or 3 times and said she wasn't going to argue and get my things and leave.

Ilene Stacey King
Ilene Stacey King answered on Jun 16, 2017

To fully answer your questions, discuss your options, and advise how to best protect your rights, more information is needed. You need to contact an experienced workers' compensation lawyer. Don't wait, because delay can make it more difficult to prove your claim or you could lose certain rights.... Read more »

1 Answer | Asked in Workers' Compensation and Employment Discrimination for South Carolina on
Q: I was injured on the job in December 2016, it is a shoulder injury. I went to the dr that day.

The Dr put me on work restrictions, since then i was wrote up twice and terminated yesterday May 28, 2017, while still on Dr's care. Is this enough for a case? I've never had a mri or xray only a steroid shot, ibuprofen, and physical therapy.

Ilene Stacey King
Ilene Stacey King answered on May 29, 2017

You have a workers' compensation claim for your shoulder injury and it sounds like you are receiving authorized medical treatment. If you are still having problems after this long a time, an MRI might be in order and you might benefit from a referral to an orthopedic doctor. Because you have been... Read more »

1 Answer | Asked in Employment Law, Employment Discrimination and Sexual Harassment for South Carolina on
Q: I was terminated after reporting sexual harassment how do I find a free consultation attorney or payment once settled
Peter N. Munsing
Peter N. Munsing answered on Sep 2, 2016

Contact a member of the South Carolina Trial Lawyers who handles employment issues.

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.

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