South Carolina Lawyers Weekly

South Carolina is an at-will employment state and does not recognize a claim for “negligent separation.” The trial court should not have submitted such a claim to the jury based on a fire chief’s request for an assistant chief’s resignation. ...

Tagged with: Labor & Employment

After the plaintiff-longshoreman had an altercation with one of the “headers” who hire workers day by day, she contends the headers retaliated against her by refusing to hire her. While plaintiff was not hired on several days, she was hired ...

Tagged with: Labor and Employment

A month after she was threatened by a client, a social worker resigned. Because the social worker did not wait for the employer to complete its process of following up on her complaint, take her complaint up the chain of ...

Tagged with: Labor and Employment

When timing is the only basis for a claim of retaliation, and when gradual adverse job actions began well before the plaintiff had ever engaged in any protected activity, an inference of retaliation does not arise. Since plaintiff’s supervisor began ...

Tagged with: Labor and Employment

Where a high school drama teacher alleged the school board failed to pay him for his tech work because of his race, but he had been paid a theater director supplement and he did not allege that any other performing ...

Where unions sued a construction company for liquidated damages after it made a series of tardy payments to an employee health and welfare fund, the court joined three other circuits in holding that punitive damages are not recoverable in cases ...

Where an employee confirmed in his deposition testimony that he had been “unable to work” since his relapse and failed to suggest a reasonable accommodation that would have allowed him to do so, his employer prevailed on wrongful termination and ...

Where an Indian doctor alleged that she was denied privileges because of her race, but her complaint contained only vague and conclusory allegations that the hospital denied other physicians of Indian descent clinical privileges before or had a different peer ...

Where a woman alleged that she was underpaid for non-overtime hours during weeks in which she also worked overtime, the district court erred in granting her employer judgment on the pleadings. In accordance with the Department of Labor’s interpretation of ...

Where the owner of a company sold his shares to the employee stock ownership plan, or ESOP, but the ESOP paid an inflated price for the shares, the owner was liable for the price difference. But, because he forgave certain ...