Wrongful Termination in South Carolina
Wrongful termination leaves workers feeling powerless and blindsided. Losing your job unexpectedly or on short notice can be financially devastating and makes it all the more difficult to find closure. A wrongful discharge lawyer in South Carolina can help make things right.
Employees in South Carolina power the auto manufacturing, healthcare and logistics industries, and other key sectors. South Carolina’s workforce is vital to its economy. Residents deserve to work for employers who are committed to maintaining an environment free from discrimination, retaliation and other unlawful employment practices — including wrongful termination.
At Herrmann & Murphy, our South Carolina employment attorneys understand the nuances of state and federal labor laws. We are dedicated to our clients and will pursue your charge of wrongful termination to the fullest extent. If you believe you were wrongfully fired from your job, contact us today to request a consultation. Discuss your potential claim with our legal team and learn more about your options.
What Does At-Will Employment Mean?
At-will employment means employers are generally allowed to discharge an employee at any time and for any reason that is not prohibited by state or federal law. Similarly, employees are free to leave their jobs as they choose. The doctrine of at-will employment is standard practice in the United States.
There are key exceptions to at-will employment in South Carolina where firing an employee may cross legal boundaries, resulting in a claim for wrongful termination or unlawful discharge.
What is Considered Wrongful Discharge in South Carolina?
At-will employment gives broad authority for employers in South Carolina to terminate employees at their discretion. However, a dismissal may be considered wrongful termination if it violates specific legal protections related to discrimination, retaliation or other public policy.
The table below shows the key distinctions between legal termination and wrongful discharge under federal and state law in South Carolina.
| Legal Termination | Wrongful Termination |
|---|---|
| Firing an employee for no reason | Violating an employment contract |
| Termination on short or no notice | Discrimination |
| Providing no time for corrections | Prohibited retaliation |
| Ridiculous or unfair reasoning | Violating public policy |
Pursuing a Wrongful Termination Claim in South Carolina
No single test or checklist can determine whether a termination was unlawful, but employees are given legal protections under federal law. South Carolina state law also has statutes designed to safeguard workers, including:
- South Carolina Human Affairs Law (SCHAL)
- South Carolina Payment of Wages Act (SCPWA)
- South Carolina Workers’ Compensation Act
- South Carolina Whistleblower Act (SCWA)
Wrongful termination cases can be complex. If you were recently fired from your job under questionable circumstances, you have the right to consult an attorney to discuss the details and any legal remedies. Request a consultation from Herrmann & Murphy’s wrongful termination lawyers in South Carolina.
Contact a South Carolina Wrongful Termination Attorney
The employment attorneys at Herrmann & Murphy are dedicated to workers in South Carolina and will hold employers accountable for unlawful terminations. If you’ve been wrongfully discharged, we will fight to secure the justice and compensation you deserve. Request a confidential consultation today or call (864) 516-7526 to discuss your questions with a member of our legal team.
Wrongful Termination FAQ
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.
Discrimination in the workplace can take many forms beyond wrongful termination. Unequal pay, lack of advancement opportunities, or denial of reasonable accommodations may all qualify as unlawful conduct. These actions are illegal when they are based on a person’s identity — not their job performance or qualifications. See common examples of workplace discrimination.
Federal and state law in South Carolina recognizes several protected classes, including discrimination based on a person’s age, race, sex, religion, disability, national origin, pregnancy status, sexual orientation and other classifications. If you believe you’ve experienced workplace discrimination in South Carolina, contact Herrmann & Murphy to request a consultation with an employment attorney.
When an employee in South Carolina is terminated or resigns, state law requires that they receive any unpaid wages by the next regular payday: including earned regular pay, overtime pay, commissions and/or bonuses. If your employer is refusing to pay the money you’re owed, or if you believe your overtime was shorted, we can help. Contact the Herrmann & Murphy employment rights law firm in Greenville, South Carolina to request a consultation.
