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SOUTH CAROLINA EMPLOYMENT LAW
Employment Law (known also as Labor Law) includes many issues that are relevant to the employer-employee relationship. Some of the issues involved in employment law are sexual harassment, wrongful termination, health and safety, disability law, hiring and termination policies, and wages and hours. Any employment and labor law matters will be handled by The South Carolina Department of Labor, Licensing and Regulation.
Claims related to certain employment matters, such as workplace discrimination, sexual harassment, and wrongful termination, should not be pursued without the aid of a South Carolina employment attorney. It may also be in your best interest to have a South Carolina employment lawyer at your side no matter what kind of employment law case you intend to file.
Why Hire A South Carolina Employment Attorney?
A complicated relationship exists in South Carolina wrongful termination and employment cases between federal law and South Carolina state law. This relationship must be properly understood and its intricacies persuasively argued for your case to be successful. Filing a case for wrongful termination, a claim for unpaid wages, or a discrimination claim against your employer is most manageable if you have the assistance of a South Carolina employment attorney. Such an attorney can also help you to determine if you have a serious and potentially successful claim.
Certain employment cases (such as wrongful termination cases) can be awkward and challenging for an employee to pursue, because of their general nature. In the event of a wrongful termination case, a South Carolina employment lawyer can communicate with the worker’s former employer and provide helpful guidance to ease the stress and awkwardness of the situation and best formulate a strategy for recovery. Filing a claim with the South Carolina Department of Labor, Licensing and Regulation can also be simplified if a South Carolina employment lawyer helps you file.
Wrongful Termination In South Carolina
Employment is “at will” in South Carolina. Because employment is “at will,” in South Carolina, a worker is permitted to leave his job at any time and for any or no reason. Likewise, an employer can fire one of his workers whenever he chooses and for whatever reason, so long as his reason is not illegal. The “at will” employment rule may not apply if the worker has an employment contract that specifies that an employee may only be terminated for certain reasons.
In South Carolina, “wrongful termination” claims may be submitted when an employer’s reason for firing a worker is illegal, such as when:
Do not hesitate to get in touch with a South Carolina wrongful termination attorney if you have questions about filing a wrongful termination claim.
Federal and South Carolina law forbid the termination of a worker based on discrimination; employees may file a wrongful termination lawsuit as a result of discrimination. For instance, an employee who is sufficiently experienced for a position, but who is either not hired or is fired because of his disability or age (if over 40 years old) may have a case for wrongful termination. Other discriminatory factors on which to base a wrongful termination case include sex, race, religion and national origin. Consult a South Carolina wrongful termination attorney if you believe that you may have a case for wrongful termination in order to ensure that you get a positive result in your case.
Employee Wage/Hour Concerns In South Carolina
South Carolina does not have a state minimum wage law, but instead follows the federal law that mandates that the minimum wage must be at least $7.25 an hour. South Carolina also does not have a law requiring an employer to pay his employees at certain intervals.
You should file a claim for unpaid wages if your employer does not pay your wages, with the South Carolina Department of Labor, Licensing and Regulation, Division of Investigations and Enforcement/Office of Wages and Child Labor. A South Carolina employment attorney will be able to help you file your complaint for wages.
Working overtime in South Carolina means working over 40 hours a week. If you work overtime hours you must receive overtime pay at 1.5 times your normal wage for all excess hours over 40. The federal Fair Labor Standards Act, enforced by the United States Department of Labor, Wage and Hour Division mandates time-and-a half pay for overtime worked. Because there are no South Carolina state laws pertaining to overtime, if you have a claim for unpaid overtime you must file your claim with the nearest federal Wage and Hour Division.
Contact a South Carolina employment lawyer if you are unsure how to go about filing your claim for wages or unpaid overtime that is owed to you, or if you have general questions about employee wages in South Carolina.
South Carolina Employment Benefits
South Carolina state law does not mandate that employers provide benefits such as vacation days, sick leave, medical care, or life insurance to their workers, nor does state law require employees to be given meal or rest breaks. Also, South Carolina disability law does not provide short-term disability leave or maternity leave. However, under the federal Family and Medical Leave Act (FMLA), workers are entitled to 12 weeks of unpaid maternity leave.
Workers injured at their jobs or in work-related accidents, or who develop occupational diseases, may be covered under South Carolina disability law. These workers are entitled to compensation for their work-related injuries or illnesses. Compensation depends on the type of injury suffered by the employee and the manner in which it is classified. Remember, however, that injuries or illnesses that do not result from accidents at the workplace are not covered by South Carolina disability law.
If you have been injured in a work-connected accident, you should seek advice from a South Carolina workers’ compensation attorney, who can help you to obtain compensation for your injury or illness.
South Carolina Employment and Labor Law Statutes
South Carolina Statutes-Labor and Employment
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