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State Employment Law Articles
Report Link Employee handbook does not constitute an employment contractOgletree Deakins - September 12, 2006 Court finds disciplinary procedures did not alter employee's at will employment status. Report Link Negligent Retention Claim Brought Against Employer Fails (pdf).Ogletree Deakins - February 27, 2006 The South Carolina Court of Appeals
recently dismissed a negligent
retention lawsuit brought on behalf of
a disabled customer who was allegedly
harassed by a bus driver. The court
rejected the victim’s claim that the employee
should have been fired after a
similar previous incident involving a
co-worker. According to the court, the
driver’s prior misconduct lacked a sufficient
nexus to the incident with the
disabled customer. Report Link South Carolina Case Illustrates Importance of Bringing Employee Handbooks Into Compliance with 2004 Law (pdf).Nexsen Pruet - August 08, 2005 The South Carolina Supreme Court ruled on July 18, 2005, that an employer’s general
statement of non-discrimination in its employee handbook is not sufficient to create a
contract between the employer and an employee (Hessenthaler v. Tri-County Sister Help,
Inc. III). This is the third in a series of opinions over five years addressing South Carolina’s
employment-at-will doctrine, which generally recognizes that employment may end at any
time for any reason as long as that reason is not illegal. Report Link South Carolina Nurse's $210,000 Jury Award Upheld (pdf).Ogletree Deakins - June 03, 2005 The South Carolina Court of Appeals recently ruled in favor of a nurse who was fired from her job for allegedly using her employer’s toll-free line to make a personal phone call. The court upheld a $210,000 jury award for the employee’s claim for breach of employment contract. Report Link Handbook Does Not Alter "At-Will" Status (pdf)Ogletree Deakins - December 27, 2004 The South Carolina Supreme Court
recently rejected an employee's breach
of contract claim even though the employee
handbook did not state that
employees could be fired for any or no
reason. According to the court, since
the manual was not "inherently ambiguous"
it did not call into question
the employee's at-will status. Report Link The New South Carolina Employee Handbook Law: Frequently Asked Questions (pdf).Nexsen Pruet - June 01, 2004 The new law specifies under what circumstances employee handbooks—as well as personnel manuals, policies, and other documents—may not be considered contracts of employment. Report Link South Carolina Legislature Enacts Protection for At-Will Employment Relationship.Jackson Lewis LLP - May 13, 2004 In response to recent court rulings, which treat employee handbooks and other employment policies as contracts, South Carolina has enacted legislation intended to reverse those rulings and to renew the at-will employment relationship. Report Link At Will Disclaimers In Employee Handbooks Continue To Be Successfully Challenged [PDF File, p.1].Clifton Budd & DeMaria, LLP - April 30, 2003 A South Carolina state court recently held that an employee claiming that her employer did not follow its own handbook in disciplining her can proceed with a breach of contract claim.
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Employment Law Seminars
UNDERSTANDING YOUR ETHICAL RESPONSIBILITIES AT WORK (AB 1234 COMPLIANCE)
Sacramento
May 13, 2008 Shaw Valenza LLPPreventing Wage/Hour Class Actions.Online
May 13, 2008 LittlerHOW TO CONDUCT EFFECTIVE INTERNAL INVESTIGATIONSSacramento
May 13, 2008 Shaw Valenza LLPHow to Stay Union FreeLas Vegas
2008-5-13 Jackson Lewis LLPConducting Effective Investigations of Employment Claims: Essential Skills for Internal InvestigatorsHouston
May 13, 2008 Littler2008 Public Sexual Harassment Training for supervisors and managers.Universal City
May 13, 2008 Ballard RosenbergSHRM Morris County Monthly Legal UpdateFlorham Park
2008-5-14 SHRM Morris County ChapterThe Connecticut Sexual and Other Harassment Education and Training in the Workplace ActHartford
2008-5-14 Jackson Lewis LLPDigital Dangers: Recent E-Discovery Developments and TrendsLas Vegas
May 14, 2008 LittlerHealth Care's New Labor and Privacy Law Frontiers: Defusing Tomorrow's Problems TodayDenver
May 14, 2008 Littler |
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