Legal Question in Employment Law in South Carolina

Re: employment termination

You have a workers' compensation claim which provides you some protection from retaliatory discharge. However, in some instances a pre-existing company policy may be used as a legitimate excuse for discharging you. For instance, if the company has a policy that anyone who has been out of work for 12 months will be terminated, then the policy can be applied to you even though your absence was caused by a work injury. There are a couple of other issues that may come up involving the Family Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA). If your employer has 50 or more employees in the U.S, the FMLA will likely apply. You should receive notice that your FMLA leave is being used or you may have an additional 12 weeks of leave. The ADA may apply if you are able to perform some type of lighter duties. Please feel free to contact me if you have additional questions.