Get free answers to your Employment Law legal questions from lawyers in your area.
I recently discovered that multiple utility accounts were fraudulently opened in my name, resulting in my electricity being cut off. The energy company informed me over the phone that I must pay $4,900 within 24 hours, but I have no knowledge of who committed this fraud or how it happened. I... View More 
answered on Apr 10, 2025
Welcome to the world that we live in now. Fraud is everywhere and the first step is to contact your local police department. After that, you need to contact the customer service at the electric company and talk with them. The power company is going to assume you are wrong and it is your job to... View More
I am working as a 1099 contractor in the photobooth industry and have signed a two-year non-compete agreement with a 100-mile radius restriction. There was no compensation or benefits added for agreeing to this non-compete clause. Is this contract legally enforceable?
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answered on Apr 10, 2025
Every situation is different and a full analysis of your particular matter would be necessary. However, generally, South Carolina allows non-compete agreements to be enforceable as long as they are "reasonable" and "necessary" to protect a legitimate business interest which is... View More
My mom is planning her retirement, and recently, we worked with an agent to move her federal savings into a SPIA annuity account. However, we discovered that the agent electronically signed my mom's name on the annuity application without her knowledge or authorization. He claims that to... View More
answered on Apr 8, 2025
I am questioning if your mother did not authorize an electronic signing. I am guessing that this is the situation, and I also believe that she signed something to move money into the account. Electronic signatures are binding in most situations.
How was the money moved to the annuity if... View More
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
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
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
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
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
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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
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
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
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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
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
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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,... View More
I have worked at my job in South Carolina for a total of five years, with a six-month break in between. During my employment, I have consistently worked 12 to 16-hour days, without any lunch or 15-minute breaks, despite state laws mandating such breaks. Every day, my employer deducts 30 minutes... View More
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answered on Jun 13, 2025
You're right to be concerned—what you've described sounds unfair and potentially unlawful. In South Carolina, state law doesn’t require employers to provide lunch or rest breaks, but federal law through the Fair Labor Standards Act (FLSA) does require that if an employer deducts time... View More
My wife and I attended marriage counseling together, but we stopped seeing the counselor about six months ago. Now, I am separated from my wife, and she recently informed me that the marriage counselor told her I am a s** addict. This was never mentioned during our sessions, and I am concerned... View More
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answered on Jun 12, 2025
What you’re describing raises serious ethical concerns. In counseling, confidentiality is a foundational principle, and any conclusions or labels about someone’s mental health or behavior should be discussed openly during sessions, not behind closed doors. If the counselor never brought this up... View More
I have bipolar 2 and have been working remotely for 3 years. My employer wants me to return to the office, but my psychiatrist advised against it due to the impact on my routine and health. Early mornings, lack of sleep, and a long commute make it potentially unsafe for me and others. During a... View More
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answered on Jun 11, 2025
You’re raising a very valid concern, and you’re right to be asking these questions now. While it's true that commuting is generally not considered part of the workday for salaried employees, courts have found that under the Americans with Disabilities Act (ADA), an employer may still be... View More
No issues. Offered severance 6 mo. 18 yrs of relationships and don’t see a cut off for compete nor nda. I know everything about the company. I am thinking I’m getting short changed.
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answered on Jun 11, 2025
I'm really sorry this happened to you. Eighteen years of loyalty, leadership, and hard-earned relationships don’t disappear just because a company hits financial trouble. Getting a six-month severance after that kind of dedication—especially with no non-compete or NDA to speak of—can... View More
I have been working remotely for three years and am now submitting my first request to continue doing so due to my bipolar condition. I have a doctor's note and support for my request. My employer's policy generally allows remote work if the employee is 40 miles or more from an office,... View More
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answered on Jun 11, 2025
I'm really sorry you're having to push for something so reasonable after already proving yourself over the past three years. It’s frustrating to feel like you’re being forced to justify your needs, especially when your work speaks for itself and your request is supported by your... View More
I deposited two checks totaling $2,634 into my bank account on behalf of a maintenance man from my apartment complex, believing them to be genuine, as I had cashed similar checks for him previously without issue. I withdrew $1,911.43 and transferred it to him via Zelle and cash. Later, the bank... View More
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answered on Jun 11, 2025
I'm really sorry you're going through this. You trusted someone who appeared to be acting in a professional capacity, and now you're left carrying the consequences of what may have been fraud. The fact that the maintenance man was on duty and claimed the property manager gave him the... View More
I was fired for a HIPAA violation with my mother's patient chart, as she was also my patient. The office manager claimed access to her chart was outside of work-related duties. Company policy prohibits accessing family or friends' charts unless work-related. I wasn't informed of any... View More
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answered on Jun 10, 2025
Being fired over a HIPAA violation—especially involving your own mother—can feel unfair, especially if you believed your actions were part of your duties. Many employers have strict policies about accessing patient charts, even for family members, and they often rely on the appearance of a... View More
I am dealing with the involuntary commitment of my 20-year-old daughter due to suicidal ideation. She is currently in the ER, and I need assistance. There have been no previous similar incidents or legal proceedings. What are my options for addressing this situation?
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answered on Jun 2, 2025
If your 20-year-old daughter has been involuntarily committed due to suicidal ideation, the first step is to understand that South Carolina law allows emergency hospitalization when someone poses a risk to themselves or others. A doctor or mental health professional typically initiates this... View More
I am currently employed and have 212 hours of sick time grandfathered from previous policies. My employer has stated they will not pay for the unused sick time when I leave. The HR department mentioned that sick time payout depends on the state laws, according to our employee handbook. I would like... View More
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answered on May 15, 2025
In South Carolina, there is no state law that mandates employers to pay out unused sick time upon termination, unless the employer's policy or an employment contract specifies otherwise. If the employee handbook or company policies do not provide for sick time payout at the time of separation,... View More
I am leaving my company today, and I've just received an email stating that my long-standing 3% commission is being changed. The email demands I sign the new agreement, or I receive no commission at all. There was no prior notice or explanation given for this change. I also have no written... View More
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answered on May 15, 2025
In general, employers can change compensation structures like commission rates, but they are expected to provide notice and, ideally, an explanation of such changes, especially if it impacts your earnings. Since you were informed of the change on your last day without prior notice, this could raise... View More
I was not served until the day of court, where DSS presented my criminal cases and medical records. The court granted temporary custody of my son to my stepfather, and now I can't even take my son out for activities, like going to McDonald's. I want to go out of town to earn money for a... View More
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answered on May 15, 2025
You’re in a tough place right now, and it’s clear you care deeply about being there for your son. DSS can present old criminal records and medical information in court if they believe it’s relevant to the child’s safety or well-being. However, they are still required to follow proper... View More
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