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South Carolina Employment Law Questions & Answers
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

1 Answer | Asked in Employment Law for South Carolina on
Q: I’m employed at a chain daycare. I put in for a transfer to another center. The new director keeps giving me a runaround
Maurice Mandel II
Maurice Mandel II
answered on Jul 8, 2023

Sorry you are not getting your transfer promptly. You are considered an "at will" employee and can be terminated at any time with no reason needed, unless you have a written contract that says otherwise. If you make too much fuss about not being transferred promptly, you may be fired... 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

1 Answer | Asked in Employment Law for South Carolina on
Q: What does rescinded mean from a decision that the unemployment benefit agency denied my claim

I filed a claim with the unemployment benefit agency and I was denied then they sent me a message saying that the decision was recinded

Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

Cannot say without seeing the paperwork. It would appear to mean that the decision was taken back. However, they usually say the decision was "vacated" not "rescinded." Rescinded is a contract term meaning the contract was repudiated by one of the parties and they want to... View More

1 Answer | Asked in Employment Law, Tax Law and Collections for South Carolina on
Q: When does the collection of NON-fraudulent overpayment of unemployment benefits by the state stops in South Carolina?

The SC department of revenue will be garnishing my state returns on behalf of the SC dept. Of unemployment, is there a statute of limitation?

D. Nathan Davis
D. Nathan Davis
answered on Oct 19, 2022

Whether the overpayment of unemployment benefits occurred because of fraudulent actions of the recipient may be in the eye of the Unemployment Agency. Generally, SC Code of Laws Section 41-40-10(5) states:

(5) Notwithstanding any other provision of this section, no action to enforce...
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1 Answer | Asked in Employment Law for South Carolina on
Q: I worked as an independent contractor and am owed thousands of dollars. Help, please.

Hi. I worked as an independent contractor for a small business. They owe me $13,814.50

for the work I did for them last year. I have tried to work with them. Offered them payment plans

and even offered to drop the amount owed if they began paying. They have not.

I did work... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Jul 6, 2022

You should contact a South Carolina employment attorney to discuss this situation. In the meantime, you should preserve any written conversations between you and the business and evidence of any payments made or work performed during the timeframe you haven't been paid.

1 Answer | Asked in Health Care Law and Employment Law for South Carolina on
Q: my old job took money for health insurance but I never was enrolled in plan and they refuse to give money back, legal?

From Feb 2022-april 1 2022 I paid weekly for health and dental, my last day was april 1st with company. I tried going to dr the last week of employment and found out I was never enrolled in a plan, emailed and spoke with hr multiple times and they are no longer responding to me getting my money... View More

Tim Akpinar
Tim Akpinar
answered on Jun 9, 2022

A South Carolina attorney could advise best, but your question remains open for three weeks. It would be difficult for any attorney to offer step-by-step directions on this frustrating situation. You could reach out to attorneys to investigate the matter in terms of the formation of your contract... View More

1 Answer | Asked in Employment Law for South Carolina on
Q: Is my company required to pay me more, as a salary member of management, when being forced to work 7 days a week?

My salary was based off 45-50 hours per week, but now I am working 80+ hours per week.

Jeremy R. Summerlin
Jeremy R. Summerlin
answered on May 25, 2022

Normally, if you are paid a salary and are performing the duties of a manager (such hiring, firing, and supervising two or more employees), or if you meet any other requirements for an exemption, you would not be paid overtime, no matter how many hours you are required to work. If you believe you... 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 Law for South Carolina on
Q: If volunteers signed up Company X website and the names are stored/ registered in Company Y. Can an employee of

Company Y share the names with their spouse that works at Company X?

Zach S. Naert
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Zach S. Naert
answered on Jun 29, 2023

There is not enough information here to fully analyze your situation, so I must recommend that you consult with an attorney. I am wondering about the relationship, if any, between Company X and Company Y, and how the information from Company X came to be stored with Company Y. I am also wondering... View More

1 Answer | Asked in Employment Law for South Carolina on
Q: I filed a claim with the unemployment benefit agency and I was denied, then it was recinded? What is that
Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

Cannot say without seeing the paperwork. It would appear to mean that the decision was taken back. However, they usually say the decision was "vacated" not "rescinded." Rescinded is a contract term meaning the contract was repudiated by one of the parties and they want to undo... View More

1 Answer | Asked in Employment Law for South Carolina on
Q: I have a non compete, it says I can’t work in the industry I have been working in. Will a court actually side with this
Jeremy R. Summerlin
Jeremy R. Summerlin
answered on Sep 13, 2022

Possibly, but it will depend on the specific language in the agreement. You can reach out to a SC non-compete lawyer for a consult so you understand your obligations.

1 Answer | Asked in Contracts and Employment Law for South Carolina on
Q: Am I going to lose my current job?

I had an employment agreement with a company but my situation changed before I was ever officially slated to start and I had to back out of the contract. The employer told me on a phone call that he would void the contract and that he would move on to other candidates. A month later I found a... View More

Jeremy R. Summerlin
Jeremy R. Summerlin
answered on Jun 17, 2022

You would need to reach out directly to a South Carolina employment lawyer for a review of the contract in more detail.

1 Answer | Asked in Employment Law for South Carolina on
Q: I am trying to find out if I can break my employment contract. I can send over the contract to who is able to answer.
Jeremy R. Summerlin
Jeremy R. Summerlin
answered on Jun 2, 2022

If you are working in SC, you should reach out to a local SC employment lawyer for a contract review.

1 Answer | Asked in Gov & Administrative Law and Employment Law for South Carolina on
Q: I am a reserve deputy in training in Richland county and a private security company would like to hire me is it lawful?

I just would like to know if there is a possibility to do both because SLED is telling me I’d have to quit my reserve position. Thank you for your time! Have a blessed day!

Rhiannon Herbert
Rhiannon Herbert
answered on May 17, 2022

More information is needed to answer this question. However, if you signed an agreement or contract as a reserve deputy, this is the first place you should turn regarding whether you are permitted to pursue other employment.

1 Answer | Asked in Employment Law for South Carolina on
Q: In South Carolina, how many days in a row can i be required to work before I get a day off?

If there is no limit to the number of days in a row i can be made to work, does that mean that I could be required to work every day of the year without a day off?

Rhiannon Herbert
Rhiannon Herbert
answered on Oct 27, 2021

There is no law that limits the number of days employees can be scheduled to work, so as long as you are properly paid for all time worked, the answer to your question is yes.

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 Law for South Carolina on
Q: My husband is currently on a medical leave of absence for a mental health problem and the company is saying

That they can only allow him to be off work for a certain amount of time due to this disability despite what the doctor wrote and how long the doctor needs him out of work for, is this considered a violation of the ADA?

Rhiannon Herbert
Rhiannon Herbert
answered on May 26, 2021

The ADA entitles disabled employees to request reasonable accommodations for their disabilities, including leaves of absences to treat the symptoms of their disability. However, an accommodation request must be reasonable, and employers need not accept an accommodation request if they can prove it... View More

1 Answer | Asked in Libel & Slander, Divorce, Employment Law and Family Law for South Carolina on
Q: Can my husband get me for abandonment if I move out of the home because he has a girlfriend.

has had a girlfriend for over a year now. He takes our daughter around her. they talk bad about me in front of her. The girlfriend threatens to hurt me.. She sends me text and calls me. She has been in my personal information through the unemployment office where she currently works. She tells... View More

Megan Hunt Dell
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Megan Hunt Dell
answered on May 7, 2021

In South Carolina, there is no divorce ground of abandonment; however, there is a ground called "desertion" that is not commonly used anymore. The most common ground for divorce is living separate and apart for more than one year, and the spouses must be separated before the one year can begin.

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