Understanding Wrongful Termination 

As noted above, a common misconception about South Carolina’s at-will employment status is that employers can fire employees for any reason—or no reason. While the at-will doctrine applies to most employment relationships, important legal exceptions protect workers from unlawful termination: 

Discrimination  

 If an employer fires a worker based on specific protected characteristics, including age, race, gender, religion, or disability, that termination is likely to violate state and federal laws prohibiting workplace discrimination.    

Retaliation  

An employer cannot terminate an employee in retaliation for exercising their legal rights, such as making a harassment or discrimination complaint. For example, if an employee is terminated shortly after making a complaint, they may have grounds for a retaliation claim and should consult a workplace retaliation attorney. 

Violation of Employment Contracts 

Employment contracts for a term often outline specific conditions under which termination may occur, including performance expectations, notice requirements, or defined causes for dismissal. If your employer terminates you in a manner that breaches these agreed-upon terms, it may constitute wrongful termination or breach of contract.  

Preserving a copy of your employment agreement is essential, as it can serve as key evidence in asserting your rights. If you believe your termination may have violated the terms of your contract, consult a Greenville wrongful termination attorney to evaluate your case and advise you on the appropriate legal steps. 

Public Policy 

An employer cannot terminate an employee for reasons that violate public policy. For example, if an employee is terminated for reporting a safety violation or refusing to engage in illegal activities, the employee may have grounds for a wrongful discharge in violation of a public policy claim. 

State and Federal Laws on Wrongful Termination 

State protections include the South Carolina Human Affairs Law. Federal laws such as Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA) also apply.  

South Carolina Human Affairs Law  

Enacted in 1972, the South Carolina Human Affairs Law prohibits employers from discriminating against employees on the basis of race, religion, color, sex, age, national origin, or disability. If you were terminated and believe it was due to your membership in one of these protected categories, you may have grounds to file a claim under this state law.  

Federal Anti-Discrimination Laws  

At the federal level, several laws prohibit discrimination, including wrongful termination, under certain circumstances.    

• The Americans with Disabilities Act (ADA) makes it illegal to discriminate against qualified individuals with disabilities.  
• Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race, color, religion, sex (including sexual orientation), and national origin.  
• The Age Discrimination in Employment Act (ADEA) prohibits discrimination against employees aged 40 and older.  

Employers must comply with these laws to avoid wrongful termination claims and ensure fair treatment in the workplace. 

Statute of Limitations  

In South Carolina, the statute of limitations for filing a wrongful termination claim depends on the type of claim. For example, for a discrimination or retaliation claim, you must file with the EEOC or South Carolina Human Affairs Commission within 300 days of the termination. Once the agency investigates, it may issue a Notice of Right to Sue. After receiving that notice, you may file a lawsuit in court with the help of an attorney. 

Steps to Take After a Wrongful Termination 

If you believe you were wrongfully terminated, take the following steps to protect your rights, including your right to take legal action.  

• Document Everything. Write down the details of your termination, including dates, names of those involved, what was said, and any emails or memos related to the event. Keep copies of your employment contract, performance reviews, employer handbook, and relevant workplace communications. 
• Request a Written Reason for Termination. Although not required by law, asking your employer to provide a written explanation for your dismissal can help clarify whether any legal violations occurred. 
• Review Your Employment Contract. If you had an employment agreement, review it for any clauses related to termination, notice periods, or dispute resolution. Violations of these terms may strengthen your claim. 
• Gather Evidence of Misconduct or Discrimination. If you believe your firing was due to discrimination, retaliation, or other illegal reasons, collect any supporting evidence—such as emails, witness statements, or internal complaints you filed. 
• File a Complaint with the EEOC or SCHAC. If your termination involved discrimination or retaliation, file a charge with the Equal Employment Opportunity Commission (EEOC) or the South Carolina Human Affairs Commission (SCHAC) within 300 days of the termination. 
• Avoid Signing Anything Without Legal Advice. Do not sign severance agreements, waivers, or settlement offers until a lawyer has reviewed them. These documents may limit your ability to take legal action. 
• Consult a Wrongful Termination Attorney at The Noble Law. We can evaluate your case, explain your rights, and guide you through the legal process.