South Carolina is an at-will state, meaning employees may be terminated for any area. While this can be removed for whatever reason, your employer does not have the right to terminate you unlawfully.
Whether it is a good reason, a bad reason, or no reason, you can quit at a moment’s notice, just as your employer is allowed to fire you at a moment’s notice. However, that does not necessarily mean your employer has the authority to terminate your employment for any reason at any time.
If you believe you have been let go due to discrimination, harassment, or a violation of your rights, an experienced South Carolina wrongful termination lawyer at Shelly Leeke Law Firm can help. Contact our team for a free consultation today and learn more about how you can hold your employer accountable.
When Is Termination “Wrongful” Under South Carolina Law?
The employee may quit for similar reasons without providing advanced notice to the employer. If you believe you have been the victim of a form of wrongful termination, then you will need to get in touch with a wrongful termination lawyer in Mt. Pleasant. Also, if you feel you’ve been discriminated against, contact the South Carolina Human Affairs Commission.
In many cases, your employer may be prohibited from getting rid of an employee. One example is a pregnant woman giving birth. If you are terminated and subsequently fired from your job, you may have grounds for a wrongful termination claim.
How to Know You Have a Case
Other scenarios that may warrant a wrongful termination include:
- Discriminating against an employee because of their religion, race, sexual orientation, gender, religion, or pregnancy
- Terminating an employee that requests a pregnancy, family, or medical leave of absence
- An employee blowing the whistle on an employer for illegal activity
- Refusal to work in unsafe or dangerous conditions
- Having to attend jury duty
- Your family style or marital status
- Refusing to sign a non-compete agreement
- Discrimination due to political affiliations
- Taking time to vote
Your employer will likely fight back against your claim. They will probably argue that your termination had nothing to do with the reasons you have given. They will likely manipulate the details to make you look like you are at fault.
A wrongful termination attorney in Mt. Pleasant, SC, will obtain the evidence to prove your employer has violated local, state, and federal laws in terminating your employment illegally.
Examples of Wrongful Termination in Mt. Pleasant, SC
One reason businesses and corporations in Mt. Pleasant can terminate employees illegally is that wrongful termination can manifest in several ways. Some examples of wrongful termination we see often include:
- Reporting employer discrimination
- Public policy violations
- Whistleblower violations
- Retaliation
- Protected status violations
- Discrimination or harassment
Employer Retaliation
One of the most common forms of wrongful termination is when one employee starts retaliating against other employees by terminating them. Under the law, employers are not allowed to retaliate against employees who make complaints of sexual harassment, harassment, or company violations.
These are considered protected activities and employers are prohibited from terminating employees who make these kinds of complaints.
Public Policy Violations
Your Mt. Pleasant employer is banned from wrongful termination based on public policy violations, such as:
- Taking a leave of absence under the FMLA
- Taking a leave of absence after pregnancy
- Needing to take time off to cast your vote
- Making complaints against a colleague for sexual harassment, harassment, or discrimination
- Needing to take time off for jury duty
- Needing time off of work to perform military services
Pregnancy
Multiple local, state, and federal laws in place prohibit employers from terminating employees due to pregnancy. Some of these laws include:
- The Americans with Disabilities Act (ADA)
- The Family and Medical Leave Act (FMLA)
- The Pregnancy Discrimination Act of 1978
State and federal laws have different requirements for wrongful termination violations, you may need a dedicated wrongful termination attorney in Mt. Pleasant by your side to help you understand these complexities.
You may want to report any suspicious or illegal activity that is conducted at work. Labor law violations or criminal activity should be reported internally or to a higher source. You may be entitled to restitution for your damages if you were terminated following your employer discovering that you reported them.
Some ways in which retaliation are possible from your employer include:
- Harassment
- Making threats
- Discrimination
- Demotion
- Intimidation
- Wrongful termination
Wrongful Termination Based on Protected Status
According to the Fair Employment and Housing Act (FEHA), employers based in South Carolina are blocked from retaliating against employees who oppose the discrimination of other employees who belong to a protected group or employees who belong to a protected group.
Common types of protected groups include:
- Age
- Marital status
- Medical condition
- National origin
- Pregnancy
- Race
- Religion
- Request for reasonable accommodation
- Sexual orientation
The types of retaliatory actions employers are prohibited from can vary widely. Some examples of retaliation could include:
- Being discharged
- Being passed over for a promotion
- Demotion
- Refusal to hire
- Unequal discipline
- Suspension
- Unfair performance review
What Should You Do When You’ve Been Wrongfully Terminated?
If you have reason to believe you have been wrongfully terminated in Mt. Pleasant, Shelly Leeke Law Firm can help you determine how to make your employer pay you. Alternative options to help dispute the resolution mop options may be able to help you avoid litigating your case in court. These options could include:
- Negotiation
- Mediation
- Arbitration
Your wrongful termination lawyers at Shelly Leeke Law Firm will be prepared to bring your case to court if these alternative dispute resolution options do not produce a favorable outcome in your case.
Hold Your Employer Accountable
If you have been wrongfully terminated, your employer is playing with fire. They could face sanctions and other penalties. Through alternative dispute resolution or litigation, you may be able to recover one or more of the following damages:
- Penalties for labor law violations
- Unpaid wages
- Unpaid vacation time
- Unpaid overtime
- Lost wages
- Backpay
- Restitution for court costs and attorneys fees
- Punitive damages
- Compensation for mental anguish
- Compensation for reputational damages
Get Help from a Mt. Pleasant Wrongful Termination Lawyer Today
Our team at The Shelly Leeke Law Firm will work around the clock tirelessly to make sure the rights are for the rights of employees who have been wrongfully terminated throughout Mt. Pleasant and across South Carolina. Reach out to your dedicated Mt. Pleasant wrongful termination attorney at our firm to find out how much your case could be worth today. You can reach us through our online contact form or by phone to get started.
