South Carolina Employment Law Questions & Answers

Q: Was injured at Walmart while working for them just recently. 4 days ago let H R know about losing feeling in both hands

4 Answers | Asked in Employment Discrimination, Employment Law, Personal Injury and Civil Rights for South Carolina on
Answered on Jan 15, 2019
Timur Akpinar's answer
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

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

1 Answer | Asked in Employment Law for South Carolina on
Answered on Dec 18, 2018
Jeremy R. Summerlin's answer
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.

Q: Remote employee confused on which state to seek legal help in regards to an already signed, non-compete agreement.

1 Answer | Asked in Employment Law for South Carolina on
Answered on Dec 18, 2018
Jeremy R. Summerlin's answer
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.

Q: My father just had his work comp case closed, but he cannot meet the requirements for his job because of the injury.

1 Answer | Asked in Employment Law and Workers' Compensation for South Carolina on
Answered on Aug 28, 2018
Ilene Stacey King's answer
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 claim and does not have a lawyer, he should not settle his claim until he speaks with an experienced workers' compensation attorney. He should take advantage of a free consultation to discuss his...

Q: My boss threatened me with a hefty lawsuit if i mess up again. Can he really do that over a mistake?

1 Answer | Asked in Employment Law for South Carolina on
Answered on Aug 28, 2018
Jeremy R. Summerlin's answer
I don't see what legal grounds he would have to sue you over, unless you signed some sort of contract with him that provides him with some remedy for a situation like this, which I doubt.

Q: South Carolina employer automatically deducts 30 minutes of pay after 6 hours of work whether I take it or not. Legal?

1 Answer | Asked in Employment Law for South Carolina on
Answered on Aug 28, 2018
Jeremy R. Summerlin's answer
No, if you are working during those "break times," then you should be paid for those hours worked. That type of deduction, if you're still working, is wage theft and illegal in SC.

Q: If a employee separates hisself from his employer . An they don’t want to give him his last paycheck what can happen ?

1 Answer | Asked in Employment Discrimination and Employment Law for South Carolina on
Answered on Aug 28, 2018
Jeremy R. Summerlin's answer
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, although LLR cannot recover your money, only fine the employer.

Q: Can I get unemployment if I get fire or laid off within 90 days of hire or employment. ?

1 Answer | Asked in Employment Law for South Carolina on
Answered on Jun 4, 2018
Jeremy R. Summerlin's answer
You can apply for unemployment benefits, but the amount you might receive is based on your income in the months leading to your termination. Also, if you were fired for cause, then you won't receive any benefits.

Q: AFTER BEING ON FMLA I RETURNED TO WORK TO MY SAME JOB BUT WAS ONLY GIVEN 3 DAYS TO WORK INSTEAD OF 5. CAN THEY DO THIS.

1 Answer | Asked in Employment Law for South Carolina on
Answered on May 8, 2018
Jeremy R. Summerlin's answer
You may have a claim for FMLA retaliation. You should speak with an employment attorney in more detail to determine your legal options.

Q: Incorrect job classification results in unfair pay. Can I sue?

1 Answer | Asked in Employment Law for South Carolina on
Answered on May 3, 2018
Jeremy R. Summerlin's answer
Unfair pay can be negotiated to a more fair salary amount, but there's no legal claim for it. The only exception is for cases where you have been misclassified as exempt from overtime pay but you are, in fact, working overtime hours without getting paid overtime (in other words, you might be getting a salary, but you don't supervise any employees or have discretion to make important decisions, and therefore should be getting overtime when you work more than 40 hours in a week). If you can't...

Q: I went to the er for a scratched cornea and before I left work me and my boss called to report my injury and I filled

1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for South Carolina on
Answered on Apr 27, 2018
Carole Jean Hayes' answer
Generally, when you injure yourself while working, you are entitled to 66% of your average weekly wages if you miss more than 7 days. The insurance company is also responsible for directing and payment of your causally-related medical treatment. If you had to go to the ER immediately after given the nature of your injury, the Commission has discretion regarding ordering the insurance company to pay that bill. You also may be entitled to further treatment and a lump sum based upon any...

Q: Am I entitled to have 3 days off for my aunt passing away?

1 Answer | Asked in Employment Law and Family Law for South Carolina on
Answered on Apr 12, 2018
Jeremy R. Summerlin's answer
South Carolina law does not require an employer to offer funeral leave; however some employers do offer it as a benefit. Check your employee handbook. Otherwise, you'll just have to request it off and see what the employer does.

Q: What do I do when I work at a store that has highly unethical and borderline illegal practices

1 Answer | Asked in Employment Law for South Carolina on
Answered on Apr 9, 2018
Jeremy R. Summerlin's answer
If the unethical conduct violates the law, then you can report such conduct to the appropriate authorities. It depends greatly on the exact facts of your case as to whether you would be protected from retaliation if you report the misconduct. You should seek counsel with an experienced employment lawyer to review your situation and determine what options you might have.

Q: job wants signature to addedum in handbook to withhold earned vacation time if terminated.

1 Answer | Asked in Employment Law for South Carolina on
Answered on Apr 2, 2018
Jeremy R. Summerlin's answer
The answer would depend on the specific language of the addendum and policy. You should take both to an employment attorney for a consult.

Q: As a Supervisor, Is it retaliation if I’m terminated due to employee accusations against me of retaliation?

1 Answer | Asked in Employment Law for South Carolina on
Answered on Apr 2, 2018
Jeremy R. Summerlin's answer
No, retaliation is only when YOU make a legally protected complaint (of discrimination, for example) and then the employer fires you or takes other adverse employment action against you.

Q: I recently left a company with a non-compete that specifies a territory "within the United States". Is this enforceable?

1 Answer | Asked in Contracts and Employment Law for South Carolina on
Answered on Apr 2, 2018
Jeremy R. Summerlin's answer
The answer depends very much on the exact language of the non-compete. SC law requires that a non-compete be limited reasonably in time (three years or less, generally) and reasonably in geographic scope, among other requirements. If you serviced customers all over the US, then the agreement MAY tend to be more enforceable. However, there are defenses that can raised to the enforcement of non-compete agreements. You should schedule a consult with an experienced non-compete lawyer in South...

Q: Is an employer allowed to take an employees tips?

1 Answer | Asked in Employment Law for South Carolina on
Answered on Apr 2, 2018
Jeremy R. Summerlin's answer
If you are getting paid $2.13 an hour plus tips, then you are entitled to your tips, unless some of those tips are subject to a valid tip pool arrangement. If you are paid at at least $7.25 an hour, then the law is a little unclear on whether or not you are entitled to keep those tips. Speak with a local employment lawyer to get a fact-specific analysis.

Q: Terminated after being charged at. Was charged with Assault and battery 3rd degree. Case dismissed. Can I sue employer?

1 Answer | Asked in Employment Law and Employment Discrimination for South Carolina on
Answered on Apr 2, 2018
Jeremy R. Summerlin's answer
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.

Q: Can you sue a former employer for being a bully? Threatening you by intimidation to the point of being fearful of job

1 Answer | Asked in Employment Discrimination and Employment Law for South Carolina on
Answered on Apr 2, 2018
Jeremy R. Summerlin's answer
Not unless the bullying was based on your age, race, sex, disability, national origin, or religion. Regular bullying is not necessarily against the law.

Q: At work of they ask you to leave early due to labor can you legally say no in leaving.

1 Answer | Asked in Employment Discrimination, Employment Law and Legal Malpractice for South Carolina on
Answered on Apr 2, 2018
Jeremy R. Summerlin's answer
You can say no, but your employer would have every right to fire you for insubordination. SC is an at-will employment state, so unless the decision to send employees home is motivated by race, age, disability, sex, or other protected reason, the employer can send people home early.

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