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Home / Courts / Labor & Employment – Termination — Breach of Contract – Employee Handbook – Disclaimer – Uncapitalized – Fraudulent Act Allegation (access required)

Labor & Employment – Termination — Breach of Contract – Employee Handbook – Disclaimer – Uncapitalized – Fraudulent Act Allegation (access required)

McClurkin v. Champion Laboratories, Inc. Even though the disclaimer in defendant’s employee handbook otherwise meets the requirements of S.C. Code Ann. § 41-1-110, since the disclaimer is not in capital letters, it does not fall within the statute’s protection. Defendant’s motion to dismiss is denied as to plaintiff’s claims of breach of contract and breach of contract accompanied by fraudulent act. Defendant’s motion to dismiss is granted as to plaintiff’s claim of breach of fiduciary duty.

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