Employment Law

Employment Law (Not Including ERISA and Employee Benefits Which Are Discussed Separately on this Website; Click Here for ERISA/Employee Benefits Claims)

Our attorneys are experienced in a variety of employment law practice areas, representing both Employers/Management and Employees. It is not feasible to discuss every employment law issue on this site so we have provided information pertaining to some common issues. What follows is not intended to be legal advice. If you have an employment law issue you wish to discuss with any of our attorneys just call, 1-866-279-9772 or e-mail us.
The employment law field covers many areas including:

1. Employment At Will:

In South Carolina, the general rule is that the employer or employee can end the employment relationship for any reason, or no reason at all (in the absence of a written employment contract). As a practical matter, this means that being treated unfairly, improperly, or inappropriately is not a sufficient basis to bring a claim. The employee must demonstrate that some exception to the general rule of employment at will applies which makes the employer’s conduct against the law.

2. Basis For Employment Claims:

There are several federal and state laws that apply in the employment arena. The employee has the burden of proof state a valid claim. Here are the most common employment claims that our firm will handle (other than ERISA/employee benefits) which are discussed in a separate section:

1. Unlawful Discrimination- Not all discrimination in the workplace is unlawful. Under federal law, it is unlawful to treat an employee differently than other similarly situated employees because of their:
   
   
   • Race, color, religion, national origin, or sex (Title VII of the 1964 Civil Rights Act
   • Age (Age Discrimination in Employment Act, “ADEA”)
   • Pregnancy (Pregnancy Discrimination Act, “PDA”)
   • Disability (Americans with Disabilities Act, “ADA”)
   • Military and/or veteran status (Uniformed Services Employment and Reemployment Rights Act, “USERRA”)
   
   
2. Leave Laws- The two most significant federal statutes regarding employee leave issues are:
   
   
   • The Family and Medical Leave Act (FMLA)

   Generally, employees are eligible for FMLA leave where (a) the employer has at least fifty (50) employees, (b) within 75 miles of the worksite, and (c) the employee has worked for at least 1250 hours in the twelve months preceding a leave request. If an employee meets these requirements, he or she may be eligible for up to twelve weeks of unpaid leave per year and reinstatement into their job.

   • Uniformed Services Employment and Reemployment Rights Act, “USERRA”

   This law protects the jobs of military personnel when they return from military service.

3. Wage Laws
   
   
   • Fair Labor Standards Act (FLSA)

   This is a federal statute that addresses restrictions on child labor, overtime pay for eligible employees who work for over forty (40) hours per work week, as well as the minimum wage.

   • South Carolina Payment of Wages Act

   This state law imposes requirements on employers regarding the payment of wages such as when wages are due and notice requirements for changing hours and wages.

4. Retaliation
   

   Under certain circumstances, it may be unlawful for an employer to retaliate against an employee who has complained about circumstances he or she believes are unlawful. Importantly though, as with the anti-discrimination laws, not all retaliation is unlawful. This means that terminating or demoting someone because he or she complained is not necessarily unlawful, unless the employee’s complaint involved:

   • Race, color, national origin, or sex (Title VII of the 1964 Civil Rights Act)
   • Age (Age Discrimination in Employment Act, “ADEA”)
   • Pregnancy (Pregnancy Discrimination Act, “PDA”)
   • Disability (Americans with Disabilities Act, “ADA”)
   • Military and/or veteran status (Uniformed Services Employment and Reemployment Rights Act, “USERRA”)
   • The Fair Labor Standards Act (FLSA)
   • Interference with Employee Benefits (ERISA)
   • Workers’ Compensation Claim (S.C. statutory law)
   • Jury Duty/Compliance with a Subpoena (S.C. statutory law)
5. Employment Contracts, Restrictive Covenants, and Severance Agreements

   We also draft and litigate the following:

   • Employment contracts,
   • Covenants not to complete,
   • Covenants not to disclose trade secrets or confidential information,
   • Covenants not to solicit customers,
   • Covenants not to solicit employees,
   • Independent contractor agreements, and
   • Severance agreements.

3. Other South Carolina Employment Laws

In addition to the federal laws discussed above, South Carolina State law may also provide the basis for an employment claim that this firm may handle. The most common are:

• Public employee’s grievances
• TERI
• Constitutional rights of public employees
• Payment of post-termination claims to Sales Representatives
• Wrongful discharge in violation of public policy
• Intentional Infliction of Emotional Distress/Outrage
• Defamation
• Invasion of Privacy
• Assault
• Battery
• Negligent Hiring, Retention, Supervision
• Interference with Economic Relations
• Civil Conspiracy

We have not listed every employment law on this website but we have tried to identify those laws that most commonly arise in the workplace arena.

4. Labor Laws And Workplace Safety

In addition to some of the laws discussed here, there is a great body of law regarding labor and union issues, as well as workplace safety. These are relatively narrow and specialized fields, which we typically do not work in, but we would be happy to try to refer you to other attorneys who practice in these areas.

5. “Adverse” Employment Action

Not every slight or unfair treatment at the workplace is actionable. Generally speaking, an employee will not have a claim unless he or she has suffered an adverse employment action, which means he or she has suffered sufficient harm to warrant a claim. These might include terminations, reductions in force, demotions, pay cuts, denial of promotions, transfers to less desirable shifts/jobs, and failure to hire. However, the law constantly changes, and if you think you have been treated in a manner that deters you from making a complaint or jeopardizes your continues employment you should contact us.

6. Employer Size/ Number Of Employers

Employment statutes can impose significant burdens on the employer, which is why many laws do not apply unless the employer has a minimum number of employees. In other words, small employers are exempt from many, but not all, employment laws. Each law is different, but here is a list of the most significant laws requiring that a company employ a minimum number of employees:

• FLMA: Applies to employers with 50 or more employees within 75 miles
• ADEA: Applies to employers with 20 or more employees
• COBRA: Applies to employers with 20 or more employees
• Title VII: Applies to employers with 15 or more employees
• ADA: Applies to employers with 15 or more employees
• FLSA: Applies to employers with 1 or more employee
• USERRA: Applies to employers with 1 or more employee

7. Potential Damages/ Remedies

Depending on the type of claim, the statute, and most importantly if the claim is successful, the employee may be entitled to some, but not all, of the following relief:

• Back pay
• Front pay
• Reimbursement of litigation costs
• Attorneys’ fees
• Compensatory Damages
• Punitive Damages
• Consequential Damages
• Liquidated Damages
• Court orders directing the employer to take certain action or refrain from taking certain action

If you wish to discuss an employment law issue with any of our attorneys just call, 1-866-279-9772, or e-mail us.