Total Articles: 7
Wrongful Discharge Claims Limit Employment At-Will Doctrine in North and South Carolina
Employment in North and South Carolina is at-will, which generally means an employer can terminate an employee at any time without notice. However, both states have long-recognized exceptions to the employment-at-will doctrine, including provisions that an employee cannot be discharged for reasons that contravene the “public policy” of the state. Although courts in North and South Carolina generally construe public policy wrongful termination claims narrowly, at least one recent court decision has signaled a willingness to broaden the scope of such claims, potentially exposing employers to more lawsuits by terminated employees.
Employee handbook does not constitute an employment contract
Court finds disciplinary procedures did not alter employee's at will employment status.
Negligent Retention Claim Brought Against Employer Fails (pdf).
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 victims claim that the employee
should have been fired after a
similar previous incident involving a
co-worker. According to the court, the
drivers prior misconduct lacked a sufficient
nexus to the incident with the
disabled customer.
South Carolina Case Illustrates Importance of Bringing Employee Handbooks Into Compliance with 2004 Law (pdf).
The South Carolina Supreme Court ruled on July 18, 2005, that an employers 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 Carolinas
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.
South Carolina Nurse's $210,000 Jury Award Upheld (pdf).
The South Carolina Court of Appeals recently ruled in favor of a nurse who was fired from her job for allegedly using her employers toll-free line to make a personal phone call. The court upheld a $210,000 jury award for the employees claim for breach of employment contract.
Handbook Does Not Alter "At-Will" Status (pdf)
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.
The New South Carolina Employee Handbook Law: Frequently Asked Questions (pdf).
The new law specifies under what circumstances employee handbooksas well as personnel manuals, policies, and other documentsmay not be considered contracts of employment.
