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South Carolina Employment Law Questions & Answers

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 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 it." You need... 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 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 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 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 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 »

1 Answer | Asked in Employment Law for South Carolina on

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

I work for an ecig retail shop in Fort Mill, SC. After not properly IDing someone who was a secret shopper (and easily looked 30-35 years old), I was threatened by y boss in a very crass manner that he would file a civil suit against me until i have no money left and owe him for the rest of my... Read more »

Jeremy R. Summerlin answered on Aug 28, 2018

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.

1 Answer | Asked in Employment Law for South Carolina on

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

Jeremy R. Summerlin answered on Aug 28, 2018

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.

1 Answer | Asked in Employment Discrimination and Employment Law for South Carolina on

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

Can he sue the employer ?

Jeremy R. Summerlin answered on Aug 28, 2018

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... Read more »

1 Answer | Asked in Employment Law for South Carolina on

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

Jeremy R. Summerlin answered on Jun 4, 2018

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.

1 Answer | Asked in Employment Law for South Carolina on

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.

I HAVE BEEN WITH THIS COMPANY FOR 18 YEARS AND HAVE ALWAYS WORKED 5 DAYS A WEEK. FMLA SAYS THAT I SHOULD HAVE MY SAME JOB AND WORK SCHEDULE AND PAY.

Jeremy R. Summerlin answered on May 8, 2018

You may have a claim for FMLA retaliation. You should speak with an employment attorney in more detail to determine your legal options.

1 Answer | Asked in Employment Law for South Carolina on

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

Employer informed job classification is lower than what is appropriate for the type of work I do. As a result, I’m being paid less than I should be. As job duties continue to increase, my salary has not been corrected. What can I do to receive fair compensation?

Jeremy R. Summerlin answered on May 3, 2018

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... Read more »

1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for South Carolina on

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

An incident report but I wasn’t told to go to a specific emergency room and I also talked to my boss upon entering the er and afterwards I was out of work for about a week but upon returning I found out the er I went to wasn’t part of their workers comp and they used my accumulated sick time to... Read more »

Carole Jean Hayes answered on Apr 27, 2018

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... Read more »

1 Answer | Asked in Employment Law and Family Law for South Carolina on

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

Jeremy R. Summerlin answered on Apr 12, 2018

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.

1 Answer | Asked in Employment Law for South Carolina on

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

I work for an adult novelty store and recently learned of a large number of highly unethical and borderline illegal practices by both the owner and several employees. I've learned from both current and past employees that I'm being strong armed into quitting because these "practices" are bringing... Read more »

Jeremy R. Summerlin answered on Apr 9, 2018

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... Read more »

1 Answer | Asked in Employment Law for South Carolina on

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

Time accrued occurred prior to the singing of this handbook update. I can see vacation time earned after this new rule being withheld , but the vacation time prior was when this was not the policy and they are going back and retroactively including that time as well, and also under the previous... Read more »

Jeremy R. Summerlin answered on Apr 2, 2018

The answer would depend on the specific language of the addendum and policy. You should take both to an employment attorney for a consult.

1 Answer | Asked in Employment Law for South Carolina on

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

Jeremy R. Summerlin answered on Apr 2, 2018

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.

1 Answer | Asked in Contracts and Employment Law for South Carolina on

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

The company I left does a small percentage (less than 1%) of work that I would potentially be competing with so it would not affect their core business. Also, I would be providing only some overlapping services, and not all that I was producing at the previous company. Do I need to worry about an... Read more »

Jeremy R. Summerlin answered on Apr 2, 2018

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... Read more »

1 Answer | Asked in Employment Law for South Carolina on

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

We put all of the tips together and divide them amongst the employees based on hours worked at the end of the month. Can an employer take those tips away? They say they’re a privilege to get, not a right, and they can take them away at any given time.

Jeremy R. Summerlin answered on Apr 2, 2018

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... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for South Carolina on

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

Was denied unemployment benefits and pending chargers were placed on background. I have no source of income. The chargers and termination were reason for no employment after companies checked background.

Jeremy R. Summerlin answered on Apr 2, 2018

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.

1 Answer | Asked in Employment Discrimination and Employment Law for South Carolina on

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

Jeremy R. Summerlin answered on Apr 2, 2018

Not unless the bullying was based on your age, race, sex, disability, national origin, or religion. Regular bullying is not necessarily against the law.

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