Employment
Wrongful Termination
Callison Tighe provides its clients with candid, thoughtful advice in all employment-related matters, including those of Wrongful Termination.
In 1985, the South Carolina Supreme Court recognized a “public policy” exception to the employment-at-will doctrine. In its first decision, the Court said that an employer could not require an employee to violate the law in order for the employee to keep his or her job. In later decisions, the Court broadened the public policy exception to include situations in which the employer’s action violates a statutory principle – whether or not the employee is forced to choose between his or her job and violating the law. For example, the employer’s action in terminating the employee violates some law or statute, but if there is no other remedy available for the violation (such as if the employer terminates an employee for his or her political activity), then the employee may bring a wrongful discharge claim
The following are examples of some grounds for a wrongful termination lawsuit:
- Workers’ compensation retaliation: An employer may not discharge or demote an employee for filing a workers’ compensation claim “in good faith” or for testifying in a workers’ compensation proceeding.
- Sunday Work Laws (“Blue Laws”): Under South Carolina law, most businesses may not open on Sunday until after 1:30 p.m. There are several exceptions, including an exception for manufacturing establishments that require continuous or uninterrupted operation for economic or practical reasons. Exceptions also apply to machine shops, textile operations, and other establishments that sell items listed in S.C. Code Ann. § 53-1-50. Retail establishments that sell both allowable and prohibited goods may only sell the allowable goods prior to 1:30 p.m. Employers in counties that collect sufficient tax revenues are exempt from restrictions on operating hours, provided the county has voted to lift the restrictions. Other than those manufacturing facilities that fall into the “continuous operation” exception out of economic necessity, employers may not discriminate against employees who refuse to work on Sundays because of conscientious or physical objections to work on Sunday. This is a secular statute, which means that the employee’s objection to Sunday work does not have to be religious in nature (although religious reasons are an adequate objection). The employee can simply believe he or she requires a uniform day of rest. The employer cannot discharge, demote, or take other adverse employment actions against an employee who makes a conscientious objection to Sunday work. The South Carolina statute is arguably broader than the protection against discrimination on the basis of religion found in Title VII of the Civil Rights Act of 1964.
- Political opinions and activities: Employers may not discharge employees based upon their political opinions or activities. Employers convicted of this misdemeanor are subject to a fine of no less than $50 or more than $1,000.00, or imprisonment of no more than two years, or both. S.C. Code Ann. § 16-17-560.
- Use of tobacco products: Employers are forbidden from making such personnel decisions as hiring, demotion, promotion, or termination on the basis of an employee’s use of tobacco products outside the workplace. An employer may not test applicants or employees for the use of tobacco. S.C. Code Ann. § 41-1-85.
- Leave for bone marrow donors: Employees are entitled to up to 40 hours of paid leave per year for time away from work for a bone marrow donation. S.C. Code Ann. § 44-43-80.
- Reinstatement rights for jury service/responding to a subpoena: Employers are prohibited from dismissing or demoting an employee because the employee complies with a valid subpoena to testify in a court proceeding or administrative proceeding or to serve on a jury of any court. S.C. Code Ann. § 41-1-70.
