Losing a job is one of the most stressful events a person can experience, particularly when the termination feels unjust or illegal. In South Carolina, as in many other states, employees may face wrongful termination under various circumstances, such as discrimination, retaliation, or breach of contract. Understanding your rights and the timeline for legal action is crucial if you believe you have been wrongfully terminated.
A North Charleston wrongful termination lawyer at Shelly Leeke Law Firm can help you understand wrongful termination in South Carolina, the legal frameworks that protect employees, and the critical deadlines you must meet to pursue a lawsuit. With over a decade of experience, we will ensure you understand the importance of timely action in a wrongful termination case. If you believe you have been wrongfully terminated, contact us today to schedule a free case consultation with a qualified attorney.
Understanding Wrongful Termination
Wrongful termination occurs when an employee is fired or laid off for illegal reasons. While most employment in South Carolina is at-will, meaning that an employer can terminate an employee at any time and for any reason (or no reason), there are exceptions to this rule. Wrongful termination claims arise when an employee is dismissed in violation of federal or state labor and employment laws, a written or implied employment contract or public policy.
If you believe you were fired for a wrongful reason, contact our wrongful termination attorneys in South Carolina as soon as possible. There are several types of wrongful termination. The most common include discrimination-based termination, retaliation-based termination, violation of public policy, breach of contract, and constructive discharge.
Statutes of Limitation for SC Wrongful Termination Claims
A statute of limitations is a legal deadline by which you must file a lawsuit. If you miss this deadline, you may lose your right to sue, regardless of the merits of your case. Different types of wrongful termination claims have different statutes of limitations, depending on the specific laws and legal theories involved.
Federal Statutes of Limitations
- Title VII of the Civil Rights Act, Age Discrimination in Employment Act (ADEA), and Americans with Disabilities Act (ADA): If you believe you were wrongfully terminated due to discrimination based on race, color, religion, sex, national origin, disability, or age, you must file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) before you can sue in federal court. According to the South Carolina Human Affairs Commission, you have 300 days from the date of the alleged discriminatory act to file this charge.
- Right to Sue letter: After the EEOC investigates your claim, they will issue a Right to Sue letter, which gives you the green light for filing a lawsuit in federal court. You have 90 days from receiving this letter to file a lawsuit.
- Retaliation claims: Retaliation claims based on the same laws that protect against discrimination follow the same statute of limitations.
- Whistleblower protection: If your wrongful termination claim involves retaliation under federal whistleblower protection laws, the statute of limitations will vary depending on the specific law. For example, under the Sarbanes-Oxley Act, whistleblower claims must be filed within 180 days of the alleged retaliation.
State Statutes of Limitations
- SC Human Affairs Law: South Carolina’s Human Affairs Law prohibits discrimination based on race, color, religion, sex, age, national origin, or disability. To pursue a claim under this law, you must file a complaint with the South Carolina Human Affairs Commission (SCHAC) within 180 days of the alleged discriminatory act.
- Right to Sue letter: After SCHAC investigates your complaint, they may issue a Right to Sue letter, allowing your South Carolina employer discrimination lawyer to file a lawsuit in state court. The deadline to file your lawsuit is typically 90 days after receiving this letter.
- Violation of public policy: If your wrongful termination claim is based on a violation of public policy, you must file your lawsuit within three years from the date of termination. This is based on the general statute of limitations for personal injury claims in South Carolina.
- Breach of contract: The statute of limitations in South Carolina for wrongful termination claims based on a breach of an employment contract is generally three years from the date of the breach.
- Workers’ compensation retaliation: SC law prohibits employers from retaliating against employees for filing a workers’ compensation claim. You have one year to file a lawsuit if you are wrongfully terminated in retaliation for exercising your rights under workers’ compensation laws.
Steps to Take After Wrongful Termination
It is essential to act promptly if you believe your employer wrongfully terminated you. Our South Carolina wrongful termination attorneys can walk you through each of the necessary steps to protect your rights. These steps include:
- Documenting the circumstance of your termination: Document these details as soon as possible. This includes the date, time, and location of the termination, the reasons given by your employer, and any conversations or communications leading up to the termination.
- Gathering evidence: Start gathering evidence that supports your wrongful termination claim. This can include written communications, performance reviews, witness statements, and company policies and handbooks.
- Filing a complaint with the EEOC or SCHAC: If your claim involves discrimination or retaliation under federal or state law, file a complaint with the EEOC or SCHAC as soon as possible. The agency will investigate your claim and may attempt to resolve the matter through mediation or other means, and if they cannot resolve the issue, they will issue a Right to Sue letter, allowing you to file a lawsuit.
- Consulting with an employment attorney: Consulting with an experienced wrongful termination lawyer in South Carolina is crucial in navigating the complexities of a wrongful termination claim because we can help you evaluate the strength of your claim, navigate the legal process, negotiate with your employer, and file a lawsuit.
- Filing a lawsuit: We can help you file a lawsuit in the appropriate court if the EEOC or SCHAC issues a Right to Sue letter or your claim is based on other legal theories. It is essential to file your lawsuit within the statute of limitations, as missing this deadline can result in the dismissal of your case.
Shelly Leeke Law Firm Will Help You Retain Your Rights by Suing for Wrongful Termination on Time
Wrongful termination is a serious issue that can have significant financial, emotional, and professional consequences. If you believe you have been wrongfully terminated, contact our qualified South Carolina wrongful termination attorneys to discuss your case and explore your legal options. With the right guidance and representation, you can take the necessary steps to achieve justice and move forward with your career.
