Guide to Wrongful Termination in South Carolina
Greenville employment attorney answers common questions about illegal dismissals
If you feel you’ve been illegally terminated from your job in Greenville or anywhere in South Carolina, you’re probably feeling frustrated and betrayed.
Wrongful termination claims can be difficult to prove. Those who’ve been victimized by an employer’s illegal behavior need an experienced South Carolina wrongful termination attorney who is not only a skilled negotiator but also a tenacious advocate and aggressive litigator.
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John P. Mann has been practicing employment law for more than 30 years in Greensville, SC. His experience and thorough knowledge of this field have allowed him to thrive in this complex area of law.
If your question is not answered here, call the Mann Law Firm at 864-326-0535, email [email protected] or contact the firm online and our experienced wrongful termination attorney will help get you an answer.
In this guide:
- South Carolina is an “at will” employment state. What does that mean?
- What makes a discharge illegal?
- What’s retaliatory discharge?
- A co-worker was recently “let go” after filing a workers compensation claim. Is that legal? Why would the company do that?
- I’m a federal employee who wants to blow the whistle on fraud I’ve discovered. Should I be afraid of getting fired?
- Are there any advantages for federal employees who blow the whistle?
- What can I win in a wrongful termination suit?
South Carolina is an “at will” employment state. What does that mean?
It means that employees can generally be fired at the will of their employers — for any or no reason at all. While this may seem unfair or just plain wrong, employees who don’t have signed contracts with their employers are usually considered “at-will employees” and work without job security.
What makes a discharge illegal?
An employment termination based on discrimination, retaliation, fraud or violation of a signed or implied contract is considered wrongful termination and illegal. If you’ve been fired in retaliation for whistleblowing, for refusing to violate the law or on the basis of age, sex, disability, race or religion in South Carolina, you should hire experienced wrongful termination attorneys immediately.
What’s retaliatory discharge?
Retaliatory discharge happens when an employer illegally fires an employee for engaging in activities — such as filing a workers compensation claim, blowing the whistle on fraud or reporting discriminatory practices — that are protected under the law.
A co-worker was recently “let go” after filing a workers compensation claim. Is that legal? Why would the company do that?
It is not legal to be dismissed after filing a workers compensation claim. Unfortunately, sometimes an employer may retaliate against an employee for filing or even talking about filing a workers compensation claim because such a claim may raise the employer’s cost for workers compensation insurance. Employers who fire such workers do so with the hope that those employees won’t file claims or will withdraw them.
In South Carolina, employees have legal rights and remedies in response to such adverse employer actions.
I’m a federal employee who wants to blow the whistle on fraud I’ve discovered. Should I be afraid of getting fired?
There’s a risk you could be fired from a government position if you divulge a fraud. But you’ll have strong recourse as a federal whistle-blower.
Fraud against the U.S. government routinely costs taxpayers millions, even billions, of dollars each year while also putting employees and the public at risk. The Department of Justice is committed to rooting out these illegal schemes. The government couldn’t achieve that goal without the dedicated efforts of whistle-blowers who are willing to expose these frauds.
Employees who take the initiative to expose illegal practices often put their employment and personal security at risk. Whistle-blowers who are wrongfully terminated or subjected to hostile work environment practices can defend their rights under state and federal whistle-blower laws by taking legal action against an employer.
Wrongful termination lawyer John P. Mann has decades of experience exposing fraud and illegal activity and representing employees in False Claims Act cases or in any legal action for retaliation they experience as the result of whistle-blowing.
Are there any advantages for federal employees who blow the whistle?
The federal False Claims Act provides whistle-blowers with financial compensation in the form of a percentage of the amount the government recovers in the case that the whistle-blower brings to it. The whistle-blower works with his or her attorney in cooperation with the government to expose the wrongdoing and recover amounts taken improperly from the public coffers.
Many states including South Carolina have followed the federal government in adopting state whistle-blower statutes to combat fraud against state and local governments.
What can I win in a wrongful termination suit?
Depending on your situation, you may be able to pursue a lawsuit against your employer and seek damages for lost wages and benefits, emotional distress, attorneys’ fees, and more.
