Total Articles: 3
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.
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 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.
