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State Employment Law Articles
Article Index » south carolina » employment at-will » Employee Handbooks
Report Link Employee handbook does not constitute an employment contract
Ogletree Deakins - September 12, 2006
Court finds disciplinary procedures did not alter employee's at will employment status.
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 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 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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