Total Articles: 4
Employee handbook does not constitute an employment contract
Court finds disciplinary procedures did not alter employee's at will employment status.
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 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.
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 handbooks—as well as personnel manuals, policies, and other documents—may not be considered contracts of employment.
