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South Carolina Employment Law Questions & Answers
1 Answer | Asked in Employment Law for South Carolina on
Q: Is training time supposed to be compensated

I work for a Home Health Care agency as an attendant to the person I live with, my fiancée. I am reimbursed through a Medicaid Waiver program, who pays my employer to pay me to take care of him for 13 hours a week in our home. My employer who pays me these Medicaid reimbursements is requiring... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Oct 28, 2020

While there are numerous factors courts consider for this type of situation, from what you've described, it sounds like your training sessions should be paid. If training sessions are made mandatory by the employer and directly relate to the job duties you perform, then you should be paid for... Read 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... Read 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... Read more »

1 Answer | Asked in Employment Law for South Carolina on
Q: If i work under the table and don't get paid for 3 weeks for work can i sue to get it

Only proof of hours worked is a written time sheet in employer possession

Kyle Anderson
Kyle Anderson answered on Aug 5, 2020

Hi, federal and state law requires you be paid a minimum wage for hours worked. Thus, if you weren't paid for hours worked, you can sue to recover at least the minimum wage. I would recommend reaching out to an employment law attorney for a consultation and to determine your options.

1 Answer | Asked in Employment Law and Health Care Law for South Carolina on
Q: I have been sent home twice for 2 weeks each time due to covid. They say I will not be paid this time around.

The first time I had a cough and it took the full 2 weeks to get a covid test result. It was negative and all I had was bronchitis. I was paid during this time (supposedly from the CARES Act even though I was covid negative). This most recent time my boss got covid on vacation, brought it into work... Read more »

Kyle Anderson
Kyle Anderson answered on Jul 1, 2020

Hi, good question. The Families First Coronavirus Response Act (FFCRA) requires some employers to provide employees with paid sick leave for absences related to COVID-19. The requirement only applies to companies with less than 500 employees. If your employer has less than 500 employees, you may be... Read more »

1 Answer | Asked in Employment Law for South Carolina on
Q: I had a conversation with my company's lawyer about a sexual harassment claim I made. He told me, "maybe it was just a

misunderstanding" And I haven't even given my statement. How do I file a grievance?

Rhiannon Herbert
Rhiannon Herbert answered on Jun 23, 2020

If you have already reported the incidents of sexual harassment to your company's HR Department, the next step would be filing a Charge of Discrimination with the Equal Employment Opportunity Commission ("EEOC"). However, make sure you've already reported the incident(s) to HR... Read 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... Read 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...
Read more »

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1 Answer | Asked in Employment Law for South Carolina on
Q: Should I get paid if my employer asks me to stay home until my wife’s corona test comes back and is negative?

I asked if I needed to submit any documentation after their answer was “you will get paid regularly as far as I know”

James,

South Carolina

Rhiannon Herbert
Rhiannon Herbert answered on Apr 29, 2020

The answer to this question may depend on the size of your employer and what your employer does. Under the Families First Coronavirus Response Act, if you employer has less than 500 but more than 50 employees and is NOT a healthcare-related company, and you are quarantined pursuant to the advice of... Read more »

1 Answer | Asked in Contracts and Employment Law for South Carolina on
Q: What is statue of limitations on breach of an employment contract by the employer?
Jeremy R. Summerlin
Jeremy R. Summerlin answered on Mar 27, 2020

The statute of limitations for breach of contract claims, including employment contracts, is three years in SC.

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... Read 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... Read more »

1 Answer | Asked in Employment Law for South Carolina on
Q: Is there an FLSA law in South Carolina that limits the maximum number of hours that a salaried employee can be required?

For example, we are on a huge project. Is there a point that an employer has to let an employee go home to sleep some? We have been told in the past that we cannot leave until something is complete.

Carrie Dyer
Carrie Dyer answered on Mar 4, 2020

If you are properly classified as a salaried employee, exempt from the provision of the overtime requirements of the FLSA, then there is no limit on the number of hours your employer can ask you to work in a workweek with your current salary pay.

1 Answer | Asked in Employment Law for South Carolina on
Q: Question regarding compensation for tipped employees

Basically, I work at a restaurant and last Thursday, the power went out. We had to close the restaurant, and it was probably around 6:30 - 7:00 PM. I'm fairly sure that employees should be sent home if they cannot work but we had to stay until 9:00 PM and then we were finally sent home. The... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Feb 5, 2020

Under the Fair Labor Standards Act, employers must ensure that tipped employees' hourly wage, combined with tips earned, equals at least the federal minimum wage of $7.25. If you didn't receive any tips during the hours the power was out but you were still required to be at work, your... Read more »

1 Answer | Asked in Employment Law for South Carolina on
Q: Can work place not pay you once you have worked there a couple days?

I was working for a company and I work a couple of days and do to my medical problem I was not able to continue the job so when it was time for me to get paid for the days I did work the have not paid me and I sent a 24 hour notice to my Boss and his Boss letting them know if I don't receive... Read more »

Jeremy R. Summerlin
Jeremy R. Summerlin answered on Jan 16, 2020

You have the option of filing a complaint with the SC Dept. of Labor, Licensing and Regulation (LLR). They can investigate your claim and potentially fine the employer. But they cannot recover your money. If the amount you're owed is less than $7,500, then you can file a small claims court... Read more »

2 Answers | Asked in Employment Law for South Carolina on
Q: What can I do about not getting my pay check for work that I have completed?

I have worked but don't get paid

Carrie Dyer
Carrie Dyer answered on Jan 14, 2020

You should immediately consult an employment law attorney in South Carolina to discuss your situation. You may have a claim for unpaid wages under the federal law (Fair Labor Standards Act) and state law.

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1 Answer | Asked in Employment Law for South Carolina on
Q: Does S.C. count adjudicated withheld as a non convicted?

I have charges in FL that were adjudicated withheld. I was 18 and received robbery and assault and battery charges. ( I was in the car when it happened, didn’t do it) I’m now 22 and trying to get my massage therapy license and I’m worried adjudicated withheld doesn’t mean anything to the... Read more »

Ryan D Templeton
Ryan D Templeton answered on Dec 3, 2019

You need to contact an attorney in the state of FL and they will be able to answer your question about marking a conviction. That states law would control in this situation.

1 Answer | Asked in Employment Law and Workers' Compensation for South Carolina on
Q: I recently filed a injury claim to my hr. They sent me to an urgent in their network the doctor diagnosed me with

Active asthma and said the environmental exposures at work are the cause and excused me from 2days of work. I notified my supervisor that I’m out on worker comp. While on workers comp. I filed a osha complaint concerning the quality of air and toxic chemicals that are the cause of the asthma they... Read more »

Carole Jean Hayes
Carole Jean Hayes answered on Aug 12, 2019

If your exposure to the workplace has resulted in your developing or aggravating your asthma, you should have a viable workers' comp case. You can go to another doctor. My first piece of advise is to get a company to test the air quality at your place of employment before they "fix... 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 Law for South Carolina on
Q: If my job gave me holiday pay and I seen it before time went in can they turn around and take it back from you

We had 8 hrs for holiday pay and all the employees seen it now time went in they took the holiday pay back can they do that

Jeremy R. Summerlin
Jeremy R. Summerlin answered on Dec 18, 2018

If the holiday was given by mistake, then the company can take it back. If the pay was lawfully earned by the employees or owed pursuant to a policy or contract, then the company should not be able to take it back.

1 Answer | Asked in Employment Law for South Carolina on
Q: Remote employee confused on which state to seek legal help in regards to an already signed, non-compete agreement.

None

Jeremy R. Summerlin
Jeremy R. Summerlin answered on Dec 18, 2018

If you work in South Carolina, then South Carolina law would apply, unless there's a provision in the contract that says that another state's laws would apply.

1 Answer | Asked in Employment Law and Workers' Compensation for South Carolina on
Q: My father just had his work comp case closed, but he cannot meet the requirements for his job because of the injury.

What are his options? He has only done receiving and shipping work all his life. He cant lift more than 25lbs with his arm now an that is with pain still.

Ilene Stacey King
Ilene Stacey King answered on Aug 28, 2018

By closed, do you mean he has settled his claim? Does he have a lawyer? If he has settled his claim, his options may depend on how the claim was settled. Depending on the circumstances, there may not be much else he can do except apply for social security disability. If he has not settled his... Read more »

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