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South Carolina Employment Law Questions & Answers
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... Read 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... Read more »

Megan Hunt Dell
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.

1 Answer | Asked in Employment Law for South Carolina on
Q: Independent contractor contract states 30 day termination notice. What if the company denies me to work those 30 days?

30 day Termination notice was received. They are planning to hire someone as an employee to take over my duties. What if they don’t allow me to work my full 30 days? Also, they keep asking me to provide notes & manuals on how to do the jobs I provided to them. Do I have to do that? I am... Read more »

Carrie Dyer
Carrie Dyer answered on Apr 14, 2021

This depends on the language in your contract. Does the contract give the company the ability to elect to terminate the contract upon receipt of your 30-day notice? Your responsibilities following the termination of your contract are also likely set forth in the contract language. You should... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for South Carolina on
Q: Can my Retail employer make me work two job roles while paying me hourly to cover an hourly and a salaried position?

I have been working for the same retailer trying to work my way up to General manager in my company. I work as the Sales/Assistant manager in a chain retail store. My current general manager is transferring out to another location. Unless something changes, I am expected to work the job roles of... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Mar 23, 2021

The company's obligations to you regarding your wages will depend on how they are paying you during this time. Generally, the Fair Labor Standards Act does not impose any maximum hour restrictions. However, you must be paid for all hours worked. If you are paid by the hour, you must receive... Read more »

1 Answer | Asked in Employment Law for South Carolina on
Q: If a company will not acomodate my restrictions when returning from STD can I quit w/o paying back benefits?

I had Bi knee replacement and my STD ended 12/22. LTD is still pending. My Dr. Released me back to work with restrictions, the company will not accomodate them. If I quit will I be liable to pay back benefits that the company paid while I was on company leave?

Ina Shtukar
Ina Shtukar answered on Feb 9, 2021

I practice employment law in NC, however, I would not quit my job voluntarily, if I were you. Voluntary resignation will likely preclude you from asserting potential employment and workers' compensation claims you may have. Moreover, you would probably be giving up your potential right to... Read more »

1 Answer | Asked in Employment Law for South Carolina on
Q: Is it legal for my employer (manufacturing) to make me work 8 hours a day, 7 days a week?
Rhiannon Herbert
Rhiannon Herbert answered on Jan 27, 2021

Yes. Federal law does not impose any hour caps on how much you can work in a workweek. However, if you are paid by the hour, you must be paid overtime, at a rate of one-and-one-half times your regular rate of pay, for all your hours worked in excess of 40 in a 7-day workweek.

1 Answer | Asked in Employment Law for South Carolina on
Q: Benefits selection, hours change, fraud on my part?

I started working for global non profit as a temporary worker off a 3 year grant, initially at 20hrs a week max. So I was told I could get benefits because of this, and I signed up for medical and dental.

Before I could submit my hours for my first paycheck I was then told by my supervisor... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jan 26, 2021

Perhaps the issue is not whether you committed fraud, but whether your employer misrepresented the terms and conditions of employment to you. IMO you should log 20 hours a week, if you are working it, and let the supervisor violate the wage and hour laws by docking your time. Definitely consult... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for South Carolina on
Q: I was asked to work Sat and Sun my days off! I didn’t sign anything nor a verbal I would come in! On Monday I was fired

I am a contractor working for Lockheed Martin! I also feel my supervisor been trying to form a case on me for months! In person she said I was fired for not coming in but on the report she states it was due to my attitude! She’s white and I’m black

Carrie Dyer
Carrie Dyer answered on Dec 16, 2020

Unless you have an employment contract stating otherwise, your employer can ask you to work on Saturday and Sunday (or any day). If you refuse, your employer can terminate your employment.

1 Answer | Asked in Employment Law for South Carolina on
Q: Can an employer in South Carolina (vet clinic) legally cap hours paid if they have to work more hours sometimes?

The cap is: no more than 80 hours / pay period, however sometimes with emergencies employees cannot decline working even though they have met their hourly cap for that pay period. Is this illegal?

Kyle Anderson
Kyle Anderson answered on Nov 25, 2020

More facts are needed to fully evaluate your situation. It sounds like you are paid hourly. If you are paid hourly, work more than 40 hours per week (overtime is based on a 40 hour work week, not 80 hours in two weeks), you likely should be getting paid for this time. I would reach out to an... Read more »

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 »

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