Get free answers to your Employment Law legal questions from lawyers in your area.
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.
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.
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?
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... View More 
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... View More
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... View More
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.
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... View More
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... View More
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... View More
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.
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.
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... View More
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... View More
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.
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... View More
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.
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.
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.
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.
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... View More
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?
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... View More
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.
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.
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.
answered on Feb 14, 2018
With less than 4 employees in South Carolina, you are not legally required to have workers' compensation insurance. However, as a sub-contractor, the general contractor on jobs you are contracted to do might require you to carry workers' comp coverage. Also, you might want to consider... View More
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
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... View More
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... View More
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.
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.
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.
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