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South Carolina Employment Law Questions & Answers
1 Answer | Asked in Employment Discrimination, Employment Law and Legal Malpractice for South Carolina on
Q: At work of they ask you to leave early due to labor can you legally say no in leaving.
Jeremy R. Summerlin
Jeremy R. Summerlin answered on Apr 2, 2018

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.

1 Answer | Asked in Car Accidents and Employment Law for South Carolina on
Q: I drive a company truck. Am I responsible to pay for any accidental damage done to the truck while on job?

I work for a pest control company. My boss gives me a work truck to drive to my jobs. I accidentally backed my work truck into a small tree I didn’t see while leaving a customers house, 2 years ago. It damaged the bumper. I put in my 2 weeks and today, the day before I’m supposed to leave my... Read more »

Peter N. Munsing
Peter N. Munsing answered on Mar 28, 2018

Not necessarily. If you are leaving, leave. He can try suing you but you were doing his business. Ask to see the estimates first--make copies. If he tries to sue you you have a defense. Was the bumper deformed?

1 Answer | Asked in Employment Law for South Carolina on
Q: I only got one week of pay when I should have gotten two weeks of pay from my past company. Do i have any recourse here?

I was paid bi-weekly. I was let go at the end of a pay period in which I worked both weeks of that pay period. When I got my last check from the company, it was only for one week. I called and talk to HR and they told me that the dates that are printed on my pay stub are not correct. They said that... Read more »

Jeremy R. Summerlin
Jeremy R. Summerlin answered on Mar 2, 2018

If you have not been paid for all hours that you worked, then you can contact the SC Labor, Licensing and Regulation to file a complaint. You can also bring a lawsuit in small claims court (magistrate's court) for the unpaid wages.

1 Answer | Asked in Employment Law and Employment Discrimination for South Carolina on
Q: Is level of education a protected category for discrimination?

I have a Master's degree, my company said they would pay for me to go back to get an MBA. Now, they changed their mind and said that they will not offer me tuition assistance for anything because I already have a graduate degree.

Jeremy R. Summerlin
Jeremy R. Summerlin answered on Mar 2, 2018

No, level of education is not a protected category. However, if the company promised to provide tuition assistance but then went back on its promise, then it may be a breach of contract claim that you have. Of course, details matter and a consult with an employment lawyer would be required.

2 Answers | Asked in Employment Law, Workers' Compensation and Business Law for South Carolina on
Q: I'm a subcontractor in S.C. If I hire me (1) helper and pay him a flat salary, do I have to carry worker's comp. on him?
Carole Jean Hayes
Carole Jean Hayes answered on Feb 14, 2018

If you only have one employee, in South Carolina you do not need to have workers' compensation insurance.

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1 Answer | Asked in Workers' Compensation and Employment Law for South Carolina on
Q: I slipped in the cooler at work and hurt my knee. I've been getting work comp amd they have payed for all my drs and my

Surgery. What i wont to know is can they let me go while im out of work? The injury happend in july and its November now

Ilene Stacey King
Ilene Stacey King answered on Nov 11, 2017

Unfortunately, yes, it is possible to be terminated while on workers' compensation in South Carolina. The work injury status does not protect your job. South Carolina is an employment at will state. Employees can be terminated for any reason - good or bad - or no reason, with a few exceptions... Read more »

1 Answer | Asked in Contracts and Employment Law for South Carolina on
Q: Can a non-compete covenant be enforced if there is no one to compete against?

I am a Bariatric Surgeon. I recently resigned as a solo hospital employed Bariatric surgeon because of bad faith dealings on the part of my hospital. I had a non-compete restrictive covenant in my contract for one year, 70 mile radius of the hospital. Since I was a solo practitioner and the... Read more »

Jeremy R. Summerlin
Jeremy R. Summerlin answered on Jun 28, 2017

The answer is fact-specific. You should schedule a consult with a South Carolina non-compete lawyer to have your case reviewed.

1 Answer | Asked in Employment Law for South Carolina on
Q: If an empower says they pay 30 percent of a job you. Can they be held to that percentage.
Jeremy R. Summerlin
Jeremy R. Summerlin answered on Jun 28, 2017

If the agreed-upon terms of employment call for you to receive 30% of a job, then that is what you are owed. It would be helpful to have that agreement in writing, but a verbal agreement can still be valid, if you can prove it.

1 Answer | Asked in Employment Law for South Carolina on
Q: Can a SC employer take any monies from a final paycheck for any reason besides money owed ie loans or tool payments?
Jeremy R. Summerlin
Jeremy R. Summerlin answered on Jun 28, 2017

Typically, for an employer to deduct any amounts from a check, the employer must provide 7 days written notice of the deductions. If no notice was provided, then the amount was wrongfully withheld.

1 Answer | Asked in Employment Law and Education Law for South Carolina on
Q: As a teacher, can I sue my school district if I believe they are not providing a safe environment for myself or students

Am currently employed by Charleston County School District. This is my third year teaching and the second year I have worked for CCSD. The 2016-2017 school year has brought tremendous emotional distress into my work, family, and personal life. The students at the school this year have been... Read more »

Jeremy R. Summerlin
Jeremy R. Summerlin answered on Jun 28, 2017

This is not a private forum, so your question is now available to your current employer. I suggest you delete this question, if possible, and schedule a consult with a local employment lawyer.

1 Answer | Asked in Employment Law for South Carolina on
Q: What is considered good cause for leaving an employer? How much verbal abuse and name calling are you expected to take?

My mgr approached me in the middle of the store where I was working yelling at me in front of all the other employees and customers because I needed to get off 2 hours early to take my daughter to the doctor. He laughed at me as he told me that I could not go. Then he called me a name and told me... Read more »

Jeremy R. Summerlin
Jeremy R. Summerlin answered on Jun 28, 2017

Typically, SC DEW includes the statutory definition of "good cause" on the form that you were sent that denied you benefits. In general, the good cause requirement will be satisfied if your reason for leaving was due to unsafe working conditions or job tasks, a violation of your employment... Read more »

1 Answer | Asked in Employment Law for South Carolina on
Q: Can employer preclude me from taking outside work?

I work for a nonprofit gym chain watching children while their parents work out. My employer does not allow their employees to take outside babysitting jobs for their members, (although doing so would not take business away from the employer). They claim it's for the safety of the children, which... Read more »

Jeremy R. Summerlin
Jeremy R. Summerlin answered on Jun 28, 2017

SC is an at-will employment state, meaning that you can be fired for any reason at all, good or bad, or even no reason. There's nothing illegal about your employer's rule that would prevent them from firing you for violating it. You also always have the right to quit at any time.

2 Answers | Asked in Workers' Compensation and Employment Law for South Carolina on
Q: Can I be let go from my job because I'm having surgery and I'm under workers comp at this time
Ilene Stacey King
Ilene Stacey King answered on Apr 27, 2017

This is a complicated issue. The short answer is, usually, yes, you can be let go. South Carolina is what is called an employment at will state which generally means an employer can hire or fire for any reason, good or bad, or no reason at all. There are some exceptions.An employer can not hire... Read more »

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1 Answer | Asked in Employment Law and Tax Law for South Carolina on
Q: Who is liable when it comes to employers not withholding enough federal income taxes?

I work as a tipped employee in a restaurant and rarely see a paycheck due to the money I make. I received my w2 and due to the lack of federal withholdings I owe a large amount of taxes. Is there any liability on the employer's end?

Matthew M Montoya
Matthew M Montoya answered on Apr 11, 2017

The withholding is governed by the Form W-4 you (the taxpayer) fill out when you start working somewhere. Here's a W-4 for 2017 https://www.irs.gov/pub/irs-pdf/fw4.pdf Based on your entries on the Form, the withholding will be adjusted. Often, people will put so many exemptions on the Form that... Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for South Carolina on
Q: Hi...I was a No Call-No Show for 2 days for which I had WC appts scheduled 4 hrs later from shift start

The company's No Fault Attendance Policy may terminate me for having 2 No Call-No Shows in a 12 month period. Does WC protect me in any way OR should I have called in to at least let my supervisor or management know my whereabouts each of these 2 occurrences. I did let them know ahead of time... Read more »

Ilene Stacey King
Ilene Stacey King answered on Feb 7, 2017

I'm sorry to have to tell you that your concern is correct. You can be fired for violating company policy, even when you have a workers' comp claim. South Carolina is an "employment at will" state which basically means that, except for illegal discrimination, an employer can fire you for almost any... Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for South Carolina on
Q: In April 2014 I fell at work and broke my shoulder. WC paid for two surgeries. In May I was laid off.

I left and took s job in SC. My shoulder did not heal. I had a total replacement. It also failed. I have minor use of left arm and moderate to severe pain. Am I entitled to a financial settlement ?

Ilene Stacey King
Ilene Stacey King answered on Feb 3, 2017

I'm a little unclear whether you were hurt in SC or hurt elsewhere before you took a job in SC. If you have a SC workers' comp claim, with the permanent problem you appear to have as a result of your work injury, you would be entitled to be compensated. It's called permanent partial disability.... Read more »

1 Answer | Asked in Employment Law, Employment Discrimination and Sexual Harassment for South Carolina on
Q: I was terminated after reporting sexual harassment how do I find a free consultation attorney or payment once settled
Peter N. Munsing
Peter N. Munsing answered on Sep 2, 2016

Contact a member of the South Carolina Trial Lawyers who handles employment issues.

1 Answer | Asked in Employment Law for South Carolina on
Q: I am an employee with a mobile paint business that visits car dealerships. I sign a contract 10 years.

And still employed with him. The owner has two pull behind trailers I have one owner has one. We cover Charlotte n.c and had a lot of business. Over the years we have lost to other competition due to price. At this time the owner has one dealership he works . The owner came to my home and picked... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Apr 5, 2016

This depends upon the language in the contract. More interestingly, he appears to be treating you like an employee, but likely classifying you as an independent contractor. If you have in fact been an employee, you may be owed some back pay, and should be eligible to file for unemployment. Your... Read more »

1 Answer | Asked in Employment Law for South Carolina on
Q: is it ok for my job to not pay on time? & withheld pay because of not clocking out. And no lunch break when working ?

There have been times where I haven't got paid on time. I also forgot to clock out & they were notified way before the end of the pay period but yet said they would add money to my next check. Or says I don't get paid for that time. Also I work 9-10hr shifts a with no break

Robert Jason De Groot
Robert Jason De Groot answered on Oct 17, 2015

No it is not ok.

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