When you unexpectedly lose your job after reporting safety concerns, employment law violations, or blowing the whistle, you may be confused, overwhelmed, and unsure of what your next steps should be. You may even have concerns as to whether your employer has the authority to fire you. When you are looking into how to file for wrongful termination, it may be in your best interest to consult a powerful legal advocate.
With the legal advice and support of a top-rated North Charleston wrongful termination lawyer from Shelly Leeke Law Firm, you can bring your employer to justice. There are several potential ways you can file for wrongful termination, including filing a complaint with the South Carolina Human Affairs Commission and pursuing a civil lawsuit against your employer and other relevant parties. Explore your options in greater detail when you contact our law office to request a free consultation.
How to File for Wrongful Termination in SC
When you are hoping to take action by filing a wrongful termination complaint, you can start by reaching out to the South Carolina Human Affairs Commission (HAC). You can walk in or contact the office to schedule a meeting with a representative. Their offices are located at:
1026 Sumter Street, Suite 101
Columbia, SC
29201
You can fill out the online Employment Initial Intake Questionnaire and bring it to your initial meeting. After filing your complaint, processing time is generally 180 days, according to the HAC. However, it could take more or less time based on the investigator’s caseload, the complexity of your wrongful termination complaint, and the availability of all involved parties.
There Is a Time Limit for Filing a Wrongful Termination Complaint
If you are filing a complaint with the HAC, you must do so within 180 days from the date you were wrongfully terminated per the Human Affairs Commission. However, if more than 180 days have passed, but less than 300 days have passed, and your claim is based on discrimination, you can still file a complaint that will be handled by the US Equal Employment Opportunity Commission (EEOC). Consult with your legal advocate from our firm to see just how much time you may have to file your wrongful termination claim based on the specific circumstances of your case.
If you are hoping to file a civil lawsuit against your employer or other involved parties, the time limit for filing your claim is much different. If your employer is a government agency or municipality, the statute of limitations for your wrongful termination complaint could be as short as six months. If your employer is a privately owned company, the statute of limitations would likely expire three years from the date you were terminated under S.C. Code Ann. §15-3-530.
It can be confusing to understand how much time you have left to file your wrongful termination complaint. This is especially true when you are filing multiple claims against multiple at-fault parties. Working with a South Carolina personal injury lawyer from Shelly Leeke Law Firm is a great way to get the legal support you need when you need it most.
What Happens After Filing Your Complaint
After you file your written complaint with the HAC, the intake department will be responsible for the review. They will carefully evaluate whether you have grounds for filing a complaint for wrongful termination under one or more of the state or federal employment laws. Some of the notable human affairs laws include:
- Age Discrimination in Employment Act of 1967.
- Americans With Disabilities Act of 1990.
- Title VII of the U. S. Civil Rights Act of 1964.
If the intake department finds that you do have grounds for legal action, they will prepare a charge of discrimination document and will file your complaint with the EEOC. From there, the EEOC will be responsible for handling your complaint, at which point there may be an investigation or mediation.
Taking Legal Action Through a Civil Claim
Filing a civil lawsuit is another way to hold your employer accountable for wrongful termination. You may have the right to file a civil claim if your employer’s wrongful termination caused you substantial damages. We will need to provide compelling evidence to the courts to demonstrate how your employer’s wrongful termination adversely impacted your life for your claim to be successful.
If you blew the whistle on illegal activity happening within the company and were retaliated against for complaining about sexual harassment, quid pro quo, or discrimination in the workplace, you may have a case. Also, if you were terminated due to a certain protected status, such as age, race, national origin, gender, or sexual orientation, your employer may face serious penalties. They could be sanctioned, ordered to undergo specialized training, and even be required to reinstate you in your former position.
Potentially Recoverable Damages
When you file a wrongful termination lawsuit, there are specific types of economic and non-economic damages that may be recoverable. With help from our legal advocates, you can demand compensation for every single loss you have experienced as a result of your wrongful termination. Some examples of potentially recoverable damages include:
- Back pay
- Mental health counseling
- Loss of health insurance
- Damage to your credit score
- Loss of paid time off
- Loss of consortium
- Reduced earning capacity
- Reputational damages
It is also possible punitive damages could be awarded per S.C. Code Ann. §15-32-530. However, it is important to know that punitive relief is not common in wrongful termination cases. We must be able to show that the defendant acted in malice or gross negligence for punitive damages to apply.
Trust in a Leading Wrongful Termination Attorney from Shelly Leeke Law Firm
It is difficult enough to work in a hostile environment, but when you are wrongfully terminated, your reputation could be destroyed, and you could find yourself struggling to cope financially. Your employer should not get away with violating state and federal laws that protect employees from retaliation, discrimination, harassment, and other employment law violations. With help from a top-rated South Carolina employer discrimination lawyer from Shelly Leeke Law Firm, you can demand justice.
With our firm advocating for your rights, you have an opportunity to recover maximum compensation and potentially prevent other employees from experiencing similar hardships. After everything you have been through, this is your chance to fight back when you are taken advantage of or wronged by an unscrupulous employer. Complete our secured contact form or call our office to schedule your confidential and 100% free consultation as soon as today.
