South Carolina Lawyers Weekly

South Carolina law is generally rather unfavorable to employees who have been fired: the state’s “at will” doctrine allows an employer to fire an employee for any reason, or no reason at all. But the state recognizes one exception to the rule, the “public policy exception,” when a firing would violate a clear mandate of public policy. Since it is the only concession recognized by law, it’s a popular target for ex-employees suing for wrongful termination.

Tagged with: prison guard Public Policy Unemployment

Harman v. Aetna Life Insurance Co. While the Supreme Court has ruled that equitable estoppel may be applied to claims brought under ERISA, the plaintiff must demonstrate detrimental reliance on a plan before the court will intervene.

Tagged with: benefits Disability

Harman v. Aetna Life Insurance Co. While the Supreme Court has ruled that equitable estoppel may be applied to claims brought under ERISA, the plaintiff must demonstrate detrimental reliance on a plan before the court will intervene.

Tagged with: Denied

An Upstate woman could go forward with her suit against her former employer for allegedly committing her involuntarily to a mental hospital after she confided to her supervisor about emotional troubles, the U.S. District Court has ruled. The plaintiff alleged ...

A Florence printer supply company could not recover damages from a toner salesman who quit to form a competing business — even though he signed non-compete and non-solicitation agreements, the appeals court has ruled in an unpublished decision. The reason: ...

Auto tort plaintiffs could still pursue negligent hiring and related claims against a trucking company — even though it stipulated that its driver was at fault and that it was liable under respondeat superior, the Supreme Court has ruled. The ...

On Jan. 28, President Bush signed into law the National Defense Authorization Act for Fiscal Year 2008, which contains a provision amending the Family and Medical Leave Act for the first time since the FMLA was enacted in 1993. The ...

Despite statutory language barring suits for individual damages, an employee of a South Carolina-based management consulting firm could recover losses under ERISA after the firm failed to make requested changes to his 401(k) allocations, the U.S. Supreme Court has ruled. ...

A department store did not violate the Family Medical Leave Act when it reassigned a Charleston saleswoman to sell to a cheaper line of clothing when she returned to work, the U.S. District Court ruled Feb. 5. The plaintiff claimed ...

CHARLESTON (AP) — A black former hotel worker who claims his white supervisor put a noose around his neck at an event on one of the country’s oldest plantations said he was fired when he complained about it. John Green, ...