Losing a job is stressful and life-altering. However, being wrongfully terminated can feel worse because it involves unfair or illegal action by your employer. If you are from the Denny Terrace community and believe your employer has wrongfully terminated you, you may feel overwhelmed about what steps to take next.
Understanding your rights and seeking guidance from a knowledgeable Denny Terrace wrongful termination lawyer can make a significant difference in getting justice. A Denny Terrace employment lawyer at Shelly Leeke Law Firm has the experience to help you navigate being wrongfully let go. We can help you get justice like we have for other South Carolina victims for over a decade.
Understanding Wrongful Termination
Wrongful termination occurs when an employer illegally fires or discharges an employee. In South Carolina, employment is considered at-will, meaning that either party can terminate the employment relationship at any time for any legal reason. However, even in an at-will state, certain actions by an employer may still be considered wrongful termination, including:
- Discrimination
- Retaliation
- Violation of contract
- Public policy violations
You may have a wrongful termination claim if your employer terminates you for any of these unlawful reasons. Contact our wrongful termination attorneys in Denny Terrace today to discuss your situation. We can help you determine if you have a wrongful termination case and review your legal options.
Understanding South Carolina’s Employment Laws
There are federal and state laws that protect employees from wrongful termination. Knowing these laws can help you determine whether you have a valid case. Here are some that may be relevant to your case:
At-Will Employment
In an at-will state, the general rule is that an employer can fire you for any reason or no reason. This means that, in most cases, your employer does not need to provide justification for your termination; however, there are exceptions to this rule, as outlined by state and federal laws. The most common exceptions include:
- Discrimination protections: The federal Civil Rights Act of 1964 and other federal and state laws prohibit employers from firing employees based on their race, color, religion, sex, national origin, disability, age, and other protected characteristics.
- Retaliation protections: Employers cannot fire employees for exercising their rights under the law. This could include filing complaints regarding unsafe working conditions or reporting wage violations.
- Breach of contract: If a written or implied contract governs your employment, you and your employer must follow its terms. Firing you without adhering to the terms may be grounds for a wrongful termination lawsuit.
Discrimination Claims in South Carolina
Federal law prohibits employers from discriminating against employees based on several factors. In South Carolina, Title VII of the Civil Rights Act and other federal protections apply to workplaces with 15 or more employees. Common forms of discrimination that could lead to wrongful termination include race or ethnicity, gender, age, and disability discrimination.
If you believe that your employer fired you because of discrimination, you should collect evidence and speak with a Denny Terrace wrongful termination attorney. At Shelly Leeke Law Firm, our lawyers are familiar with the state and federal laws that govern discrimination claims and other types of wrongful termination. Contact us today to schedule a consultation to discuss your rights and compensation options.
Retaliation Claims in South Carolina
Retaliation occurs when an employer fires, demotes, or otherwise punishes you for engaging in a protected activity, such as filing a complaint or cooperating with an investigation. Under federal and state law, you can report illegal activities, unsafe work conditions, or discrimination without fear of being fired. If you were fired after exercising your rights in the workplace, you may have grounds for a wrongful termination lawsuit.
Breach of Contract
Employment contracts often specify the terms under which you can be terminated. If your employer fired you in violation of your contract, they may be liable for wrongful termination. Contracts can be written or implied, so reviewing any documentation related to your employment is crucial.
How to Determine if You Have a Wrongful Termination Claim
The first step in determining whether you have a wrongful termination claim is understanding why you were fired. Sometimes, an employer will provide a reason, while other times, they may simply tell you that you are being let go without further explanation. If you suspect that the termination was illegal, here are key factors to consider:
- Were you discriminated against? If you believe you were fired due to your race, gender, religion, or another protected characteristic, discrimination laws may apply.
- Were you retaliated against? Did you recently file a complaint with HR or another organization? Were you fired shortly after doing so?
- Do you have a contract? If you have a violated written or implied employment contract, you could have grounds for a wrongful termination lawsuit.
- Public policy violations: Were you fired for refusing to commit an illegal act or for reporting one? If so, your termination could violate public policy.
What to Do if You Are Wrongfully Terminated
If you believe your employer wrongfully terminated you, it is essential to take certain steps. These steps are necessary in building a strong wrongful termination claim. They include:
- Documenting everything: Keep thorough documentation of everything related to your employment and termination. Make a note of important dates, such as when complaints were made, when you were fired, and any meetings or conversations with your employer.
- Requesting a termination letter: Ask your employer to provide you with a written reason for your termination. Even though South Carolina is an at-will state, this can provide essential documentation and help build your case.
- Filing a complaint with the Equal Employment Opportunity Commission (EEOC): If you believe your termination was due to discrimination or retaliation, file a complaint with the EEOC. This is a crucial step because you cannot sue for discrimination in federal court without first going through the EEOC process.
- Consulting with a wrongful termination lawyer: Hiring an experienced wrongful termination lawyer in Denny Terrace is crucial to navigating the legal complexities of your case. Our attorneys will determine if your employer violated your rights, guide you through the process of filing a lawsuit, and represent you in negotiations or court.
Potential Damages in a SC Wrongful Termination Case
If you prove that you were wrongfully terminated, you may be entitled to various forms of compensation, including back pay, front pay, reinstatement, and emotional distress damages. Under Section 15-3-530 of the South Carolina Code of Laws, the statute of limitations for wrongful termination civil claims in South Carolina is generally three years. It is essential to consult with our wrongful termination attorneys in Denny Terrace as soon as possible to protect your rights.
Protect Your Rights by Hiring Shelly Leeke Law Firm
While at-will employment gives employers significant freedom to terminate employees, certain actions are illegal. Taking swift action is essential if you believe you have been wrongfully terminated. Contact an experienced Denny Terrace wrongful termination lawyer at Shelly Leeke Law Firm, who can assess your case, guide you through the legal process, and help you seek the justice you deserve.
