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South Carolina Employment Discrimination Questions & Answers
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

Q: Can your employer send you for a FEC with a known disability and in the process you fall reinjuring yourself?

A disability was declared day 1 and after 25yrs of service employee was sent to do a FEC exam. Is the company responsible or the facility where the fall occured for employee's re-injure and new injuries. Is this worker's comp or personal injury?

James L. Arrasmith
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answered on Mar 19, 2024

If your employer sent you for a Functional Capacity Evaluation (FEC) despite knowing about your disability, and you were injured during this process, there might be grounds for responsibility on part of your employer or the facility, depending on the circumstances of the fall and existing workplace... 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

Q: Is it normal for nurses in a suicide ward to say to cleaning women, "they were trying to make his wife rich before....."

"......he dies." And then when you write emails and try to contact the Human Resources and head nurse departments, your met with obstruction and mocking harassment. Is that normal adult behavior in South Carolina where the Lexington County medical system is owned by a New York Physician.... View More

James L. Arrasmith
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answered on Sep 1, 2024

It is not normal or acceptable behavior for nurses or any medical professionals to speak in a disrespectful or insensitive manner about a patient, especially in such a vulnerable setting as a suicide ward. This kind of comment is unprofessional and violates the ethical standards expected in... 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 Discrimination and Employment Law for South Carolina on
Q: I am a hourly employee and having to work 55-60 hours a week and haven’t had a day off in 30 days is this legal
Jeremy R. Summerlin
Jeremy R. Summerlin
answered on Jun 1, 2021

Yes, you can be required to work as many hours as they ask of you, but they must pay you an overtime premium of time and a half for all hours over 40 per week, unless an exception applies.

1 Answer | Asked in Employment Discrimination and Employment Law for South Carolina on
Q: Can my Retail employer make me work two job roles while paying me hourly to cover an hourly and a salaried position?

I have been working for the same retailer trying to work my way up to General manager in my company. I work as the Sales/Assistant manager in a chain retail store. My current general manager is transferring out to another location. Unless something changes, I am expected to work the job roles of... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Mar 23, 2021

The company's obligations to you regarding your wages will depend on how they are paying you during this time. Generally, the Fair Labor Standards Act does not impose any maximum hour restrictions. However, you must be paid for all hours worked. If you are paid by the hour, you must receive... View More

1 Answer | Asked in Employment Discrimination and Employment Law for South Carolina on
Q: I was asked to work Sat and Sun my days off! I didn’t sign anything nor a verbal I would come in! On Monday I was fired

I am a contractor working for Lockheed Martin! I also feel my supervisor been trying to form a case on me for months! In person she said I was fired for not coming in but on the report she states it was due to my attitude! She’s white and I’m black

Carrie Dyer
Carrie Dyer
answered on Dec 16, 2020

Unless you have an employment contract stating otherwise, your employer can ask you to work on Saturday and Sunday (or any day). If you refuse, your employer can terminate your employment.

Q: I live in Charleston sc an was pulled over over with catalytic converters in my truck an they took them with my permit

They didn't arrest anyone or nothing an investigation came out an kept me an the passenger there for hours before finally letting us go an taking the property that we had an could prove we took them off junk vehicles that was owned by the passenger of my truck is this ok for them to do

Tim Akpinar
Tim Akpinar
answered on Nov 16, 2020

A South Carolina attorney could answer your question best, but it remains open for four weeks. As a general matter, catalytic converters attract bad attention due to their theft for the precious metals they contain. Although your transport of the converters was legitimate as metals recycler,... View More

1 Answer | Asked in Employment Law and Employment Discrimination for South Carolina on
Q: Can an employer fire you for a background that you disclosed to the during recruiting and onboarding?

I was recruited by a company that offered me a great opportunity. At the time, I had a promising career with a major corporation so I was reluctant to take the opportunity because I had a criminal background from ten years prior. I explained to various members of the recruiting company that I had a... View More

Carrie Dyer
Carrie Dyer
answered on Aug 27, 2020

The specifics of your situation should be discussed with an employment attorney in your area; however, the answer is likely no. In an at-will state such as South Carolina, your employer can deny you employment opportunities or terminate your employment for any reason or no reason, as long as it is... View More

Q: I quit job over harassment/illegal treatment is there a way to ask owner for severance w/o it being blackmail/extortion?

Been working at a place for over a decade. Many things have happened over that time, some addressed with management. Sexual harassment, threats of violence, refusal to pay overtime, sharing medical information with subordinates, firing other employees for refusing to work sick etc. The owner... View More

Jeremy R. Summerlin
Jeremy R. Summerlin
answered on May 22, 2020

You should speak with an employment lawyer in your area. He or she can review your situation and provide some guidance on the strength of any legal claims you might have, which will aid you (or the lawyer) in making a demand for severance.

2 Answers | Asked in Employment Discrimination and Employment Law for South Carolina on
Q: My son ran away so I took a day off from work to look for him. My boss want me to produce a police report about it.

Can he ask for that??? It’s a child

Alden Jay Knisbacher
Alden Jay Knisbacher
answered on May 11, 2020

If there is a police report, you can provide it redacted -- I would say almost completely.

If there is no police report, the employer is still required to give you the time off without retaliation -- California Labor Code Sec. 230.8 says you cannot be fired for taking time off for a child...
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1 Answer | Asked in Employment Discrimination and Employment Law for South Carolina on
Q: Have been asked to resign or be terminated. Was told it is performance but over exceeded 2019 goals.

I never received notices of low performance. In 2019 I exceeded my sales goals. This year the company lost a customer in my territory, but it was not my fault, as they decided to start buying directly from China. I am 49 years old, and there are other younger sales people who did not reach sales... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Mar 11, 2020

You may have a claim for age discrimination and/or disability discrimination if your pacemaker has a lasting impact on your ability to perform major life activities. However, you'll likely need more evidence than what you've stated above to support your claims. How old are your... View More

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... View 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... View 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,... View 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.

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