Legal Question in Business Law in South Carolina

Re: How Long

South Carolina is at "at will" state which means that you or your emmployer have the right to terminate the employment relationship at at any time with or without cause, but there are some limitations that are placed on the "at will" employment. The law protects employees from discrimination (race, sex, religion, etc.)in the employment arena. South Carolina has also recongized wrongful discharge in violation of public policy and in the breach of contract area. An employee handbook may create a contract of employment which sets out certain rights and procedures with regard to your employment. If you have an employmee handbook that outlines the procedures regarding termination, then your employer should be required to follow the procedures in the handbook. I would suggest you write a letter to your employer requesting the employer send you this material, and the letter should be sent certified mail, return receipt requested and you should retain a copy of the letter. If you are employed by a city, state or county or an agency thereof (such as a school district) you are entitled to a hearing if the termination touches upon your fitness for the job or your character. Also, in South Carolina you can file for unemployment benefits if you feel you were discharged without cause (the "at will" employment relationship does not necessarily apply to unemployment compensation). You can subpoena your employer to provide you your personel file and the information you want at that time. If you feel that the allegations against you are untrue and defamatory, your employer may be liable for defamation if the elements for a cause of action for defamation (slander-libel) are met. This is often called a defamatory discharge. If you would like to discuss further, feel free to contact me at 1-864-231-8870.