FAQs Archive | Herrmann & Murphy

Q: Are employers required to offer a severance package?

When an employee is let go, employers in South Carolina are generally not required to provide severance pay. Some companies may offer a severance package in exchange for the employee waiving their right to pursue legal claims against the employer. This is typically referred to as a severance agreement . Severance terms are negotiable, but they are often presented with a deadline. If you’ve been offered a severance package or need help negotiating, contact the severance attorneys at Herrmann & Murphy in South Carolina before signing.

Q: Am I being discriminated against at work?

You may have a valid claim if you believe your employer treated you unfairly or unlawfully based on a protected characteristic, such as your race, sex, age or disability — or you have been retaliated against for raising concerns about illegal or suspicious activity, or you were not paid earned wages or overtime. It is important to note that simple teasing or an isolated, insensitive remark does not meet the legal definition of work discrimination. Wondering if you have a discrimination case? Take a look at this list of 10 warning signs of workplace discrimination for more information.

Q: How do I prove discrimination at work?

In order to prove discrimination in a court of law, it takes more than producing evidence or personal testimony. Your employment rights lawyer must clearly show how your case meets the legal criteria of workplace discrimination, which includes four key components: Belonging to a protected class of workers Meeting reasonable expectations for job performance Experiencing an adverse employment decision, such as being fired Proving your employer’s adverse action had discriminatory intent To prove your case, your legal team must demonstrate that your employer’s actions were not just isolated incidents, but a pattern of discriminatory behavior. Read more about how to prove discrimination at work .

Q: What is my discrimination case worth?

The value of a discrimination case depends on the unique details of your situation, including: Lost wages and benefits (back pay) Future lost income (front pay) Compensation for emotional distress and/or pain and suffering Punitive damages for an employer’s malicious conduct Attorney’s fees and legal expenses Need guidance on what to ask for in a discrimination settlement? No two cases are alike. The best way to understand what your case may be worth is to request a consultation with an employment discrimination attorney in North Carolina or South Carolina.

Q: What happens during a consultation?

We review the details of your situation over the phone to provide guidance on your potential legal options. You will be given an overview of the process of filing a lawsuit against your employer, and have the opportunity to discuss your questions with an employment discrimination attorney. There is no obligation to move forward after this appointment — it is your time to get professional legal insight and understand your rights. If retained, our attorneys would then discuss what steps to take next in order to achieve your goals.