If your employer terminates you from a position, it is often without warning and may leave you reeling. This can be particularly true if you have been wrongfully terminated. No one wants to be caught wondering where their next check will come from and how they will pay their bills in the coming months. At Shelly Leeke Law Firm, our Cayce wrongful termination lawyer is passionate about protecting the rights of Cayce workers.
You may be eligible for compensation if your employer illegally terminates your employment. Our Cayce employment lawyer is familiar with wrongful termination cases and may help you better understand your options. With millions of dollars in recovered compensation under our belt, our team can help you feel more at ease knowing you have exceptional representation on your side.
Wrongful Termination in South Carolina
The state of South Carolina provides clear standards for what is and is not acceptable when terminating an employee, and federal protections also back some of these standards. Wrongful termination can refer to several situations that result in illegally dismissing someone from their position. Some of the more common situations our wrongful termination lawyer in Cayce may see fall under five smaller categories.
South Carolina is an at-will state regarding employment. The South Carolina Office of Wages and Child Labor explains that an employer can terminate you for any reason, good or bad. However, this does not extend to reasons that violate your rights. This also does not mean you are ineligible for unemployment benefits if there is no performance-related reason for your termination.
If you have concerns regarding the legality of your termination, seeking guidance from a lawyer is crucial. You may also file a complaint with the U.S. Equal Employment Opportunity Commission. The South Carolina Human Affairs Commission also provides recourse and guidance on how to file employment complaints with them.
Statute of Limitations
Each course of action can carry its own statute of limitations from a couple of months to a couple of years from the date of the violation. To ensure you retain all options, you should discuss your concerns with an attorney as soon as possible. Failure to meet these deadlines may result in a forfeit of some of your rights.
Discrimination
Discrimination as a cause for wrongful termination can mean termination based on several protected characteristics. The South Carolina Human Affairs Commission (SCHAC) explains the details of the Human Affairs Law, which makes it illegal to discipline or dismiss a worker inequitably because of their membership or lack thereof to a protected characteristic. These characteristics are:
- Race
- Color
- Religion
- Sex (including pregnancy or lactation status)
- Age
- Disability
This requires employers to ensure that penalties for the same offense are carried out in the same way regardless of who the offender is. For example, it may be considered wrongful termination if you, with a disability requiring accommodations, were terminated for being late three times when an able-bodied coworker was also late three times and was not terminated. If you have encountered a situation like this, you need the support of an experienced wrongful termination attorney in Cayce.
Retaliation
Retaliation can cover a wide range of concerns regarding a wrongful termination lawsuit. When we think of termination in retaliation, we often think of a whistleblower. This may also be true in smaller situations if an employee decides to report safety violations to a governing agency or concerns about employee misclassification or withholding wages.
Another example of retaliation may include the termination of someone who recently took advantage of benefits medical leave to care for a family member or themselves. This may also include terminating an employee returning to work after an injury they sustained at work. Employers may consider the use of leave as something that makes them less valuable and results in termination or increased risk of layoffs, but this is an illegal practice.
This can also look like termination as a result of reporting bullying and harassment or refusing to participate in these behaviors. Simply being terminated after an event like this may not equal a wrongful termination if there were other valid performance reasons. However, it may indicate something is amiss, and you should seek additional support from legal representation.
Compensation in a Wrongful Termination Case
While compensation may not be your primary concern in a wrongful termination case, you may be eligible to claim certain damages. When you are the victim of this kind of behavior, you suffer losses that should not be yours to bear. Some of the damages you may recover in a wrongful termination case include:
- Missed wages
- Lost benefits
- Costs related to job search
- Emotional distress
Punitive Damages
You and your Cayce wrongful termination attorney may sometimes determine that punitive damages are appropriate. Punitive damages are awarded in cases where behavior is particularly malicious or reckless. While this is often the case in employment law, ill intention must be clearly established for it to be awarded.
South Carolina Code Chapter 15 Article 5 outlines that punitive damages may be openly pursued in court but may not be requested by a specific dollar amount as this will be determined by the courts. These damages are not necessarily meant to compensate the victim but to dissuade similar future behavior in the defendant or employer. Some factors used to determine damages include establishing a history of similar behavior, the plaintiff’s contributions to their harm, and the defendant’s ability to pay, among others.
Call a Cayce Wrongful Termination Attorney Today
If you suspect you have been wrongfully terminated from your employment, you deserve support if you choose to seek justice. Shelly Leeke Law Firm believes in your right to fair treatment and holding unethical employers accountable. Our client testimonials can speak to our commitment to your success.
We offer free case consultations to anyone who thinks they may need representation. Our commitment to community involvement and support is deep, and part of that is our belief that being victimized by illegal employment practices should not add to your financial burdens. Therefore, we work on a contingency payment model, meaning you do not owe anything until we recover your compensation.
