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 am a Disabled Veteran rated at 100% total and permanent. I have not experienced discrimination or retaliation from my employer for attending VA healthcare appointments. However, I believe I have faced challenges after requesting reasonable accommodations in February of this year. Despite my... View More
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answered on Apr 27, 2025
Your situation involves the intersection of several important employment protections for veterans. While sharing your VA Benefit Summary letter could establish your protected status and potentially strengthen your case for accommodations, this disclosure is not legally required to receive... View More
I was fired from my job at Arby's after a month of employment because the manager claimed I disclosed my hourly wage to coworkers, which I didn't do. I was not given any opportunity to defend myself. I recently learned that the company might be looking for someone to blame for alleged... View More
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answered on Apr 12, 2025
It sounds like your termination was handled unfairly, and you have valid concerns about the situation. First, you should request a meeting with your former employer or HR to formally ask for the reasons behind your termination. Make sure to document everything, including your request and any... View More
I was terminated by IBM on January 7th with no notice and was required to sign a Performance Severance Package. Two months later, I was informed that I was overpaid $10,300 in severance due to a system error, and they are now demanding immediate repayment. I signed the severance package but did not... View More
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answered on Apr 11, 2025
That sounds incredibly stressful, especially after an unexpected termination. If the severance agreement you signed didn’t mention anything about repayment for overpayment or system errors, that could work in your favor. Employers usually need a clear legal basis—like a signed agreement or an... View More
I'm pursuing a reverse discrimination lawsuit based on race and disability, which already went through the Human Affairs process. The respondent did not reply to Form 5, leading to a decision to close the case and pursue legal action. The incident occurred on public transportation. Currently,... View More
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answered on Mar 26, 2025
Your decision to pursue a reverse discrimination lawsuit after completing the Human Affairs process shows commitment to addressing the injustice you experienced. Given that the respondent failed to reply to Form 5, you now have the right to take legal action, though navigating this process without... View More
I had a conversation with my boss where I asked about FMLA due to needing to use my PTO to take care of my disabled wife. She told me that the company may not want a manager who is not able to be in office or may be out more that usual and if I take FMLA I may need to consider taking a demotion.... View More
answered on Feb 4, 2025
This may constitute interference with your FMLA rights, as well as retaliation. You should speak with a South Carolina employment lawyer in more detail about your situation.
a wavier to receive records of military charges other than the original signature to conduct a background check?
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answered on Oct 31, 2024
Employers are allowed to ask about your military discharge status as part of the hiring process. However, they should refrain from delving into the specific reasons behind your discharge unless it directly relates to the job you're applying for. It's important to understand your rights in... View More
I recently got a promotion for my company’s first overseas contract. Being the first, my company did not know all that was required to have me start work in the new place. So they sent me overseas with no mission visa and had me working for 3 months before allowing me to then go back to the U.S.... View More
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answered on Oct 13, 2024
I'm sorry you're experiencing this situation. It's important to reach out to a qualified attorney who can provide you with the appropriate guidance.
If you are a salaried employee in South Carolina where you get a fixed salary each paycheck but you're not required to clock in or out how can being late to a shift be counted against you for termination?
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answered on Oct 10, 2024
I understand your concern about being a salaried employee who isn't required to clock in or out. Even without a time-tracking system, employers can still enforce attendance and punctuality policies. They may monitor your arrival times through managerial observation or other informal methods.... View More
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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... View More
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
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
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
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