While South Carolina employers have the ultimate decision-making power when it comes to hiring and firing, it must be done according to the law. If you’ve been terminated because you blew the whistle on illegal practices in the company, or because you complained about unlawful treatment at work, or on the basis of race, sex, or disability – or for any other unlawful reason – the employment law attorneys at The Noble Law can help you protect your rights and get your career and your reputation back on track.
If you’ve been wrongfully terminated in South Carolina, a Charleston wrongful termination attorney at The Noble Law is ready to listen. We’ll review your case and identify the specific remedies to bring about a fair resolution on your behalf.
Wrongful Termination Defined
Since South Carolina is an at-will employment state, which means employers can release non-contractual workers at any time for any reason or no reason at all. However, there are important exceptions to this rule.
An employer is prohibited from firing an at-will employee when:
- An contract exists between them requiring specific conditions of termination
- The firing would violate one or more laws, such as discrimination and whistleblowing laws
- The termination goes against public policy (limited to extreme cases and those involving criminal acts)
Violating these provisions could make a termination unlawful. If you’ve been subject to an unlawful dismissal, an experienced Charleston wrongful termination attorney can help you get the justice, accountability, and compensation you deserve.
Specific Examples of Wrongful Termination
Wrongful terminations happen every day across all industries and sectors. Common instances include:
Retaliation
Retaliatory firings happen in response to an action (or lack thereof) on the part of an employee. For example, an employer might fire an employee for filing a workers’ comp claim, or for whistleblowing under certain laws.
In some cases, employees are fired in retaliation for refusing to participate in unlawful activity, such as padding the books or altering inventory counts. In some circumstances, that can be a wrongful termination.
Other examples of unlawful retaliation include but are not limited to termination for the following :
- (1) refusing sexual advances;
- (2) complaining about unlawful wage payment;
- (3) complaining about unlawful discrimination;
- (4) reporting safety violations; and
- (5) certain other industry specific protected activity.
Discrimination
Firings due to discrimination on the basis of protected categories are also illegal. Protected categories in the workplace include:
- Age (40+)
- Disability
- Genetic Information
- Race
- Religion
- Sexual orientation
- Sex
- Gender Identity
Workers who oppose discrimination against protected employees are also themselves protected.
Pregnancy
Pregnancy isn’t a valid reason to terminate a woman’s employment. Yet employers often fire or fail to hire women when they find out they’re expecting.
Fortunately, pregnant and nursing women have various protections under the law, including the Americans With Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), the PUMP Act, and the Pregnancy Discrimination Act of 1978.
If you’ve recently been terminated or experienced a demotion, loss in pay, or other disciplinary action because you are or were pregnant or nursing, a Charleston employment law attorney can help you understand your options for recourse.
The Role of a Wrongful Termination Attorney
High-ranking employees, managers, and human resource representatives typically have the backing of the company’s legal resources. Wrongfully terminated employees need a legal advocate as well. The Noble Law takes the necessary steps to get justice for our clients.
The shock or trauma that many feel when unlawfully dismissed can be almost paralyzing. Terminated workers are often left feeling helpless and unsure of what to do next.
With an attorney representing them, they can rest assured that an experienced professional with a long track record of success in these matters is handling the crucial aspects of their case, including:
- Investigating the circumstances of the firing
- Analyzing employment documents
- Gathering witness testimony
- Collecting and reviewing video, audio, or other evidence, if available
The ultimate goal is to make you whole, which may include obtaining damages to cover the following:
- Unpaid wages or salary and overtime
- Uncredited vacation time
- Reinstatement
- Lost income
- Court costs and attorney’s fees
- Injury to reputation
- Mental anguish
In some cases, wrongful termination attorneys pursue punitive damages when the employer knows they’re breaking the law when firing an employee. The damages vary greatly by case as well as possible recovery.
Proudly Serving Charleston
The Noble Law is deeply committed to fighting for the rights and privileges of employees throughout Charleston and all of South Carolina and North Carolina. If you’re dealing with issues at work, you can rely on our firm to give you a realistic evaluation of your circumstances and world-class representation in your labor-related dispute.
The Noble Law boasts national recognition as a leading employment law firm. Contact our Mount Pleasant office today to discuss your case with a wrongful termination lawyer. You deserve to be heard.