South Carolina Lawyers Weekly

Despite a faculty manual’s declaration on nearly every page that “This is not a contract of employment,” the manual did in fact constitute the employment contract between the defendant-college and its tenured professors, including plaintiff. The college president decided to ...

Where a former deputy commonwealth’s attorney brought a claim under the 14th Amendment’s Equal Protection Clause claiming she was fired in retaliation for reporting alleged sex discrimination, her claim was dismissed because the Equal Protection Clause cannot sustain a pure ...

Allegations that a 401(k) plan sponsor and management committee ignored an imprudent single-stock fund for several years was sufficient to support claims for breaches of the fiduciary duties of prudence and diversification imposed by the Employee Retirement Income Security Act ...

Although the pilot was not cleared to fly, an airline nevertheless violated the Uniformed Services Employment and Reemployment Rights Act, or USERRA, by not reemploying him “promptly” in an alternative position. Background As Thomas Harwood neared completion of a tour ...

Although the jury found for the plaintiff on her claim under the Family and Medical Leave Act, and awarded her $50,000, the evidence was not enough to permit a reasonable jury to conclude the company’s proffered rationale for firing her ...

Where a salesperson alleged IBM defrauded him by “capping” his sales commissions despite allegedly representing they would not be capped, his claims for fraud, unjust enrichment or quantum meruit were not foreclosed by disclaimer language in which IBM reserved its right to ...

Although AutoZone remained liable for compensatory damages awarded to a former employee because of sexual harassment by a co-worker, the punitive damages award was vacated because there was insufficient evidence his managers engaged in intentionally discriminatory practices themselves with malice ...

A viable hostile work environment claim based on a co-worker’s conduct requires facts showing the employer knew, or should have known, about the harassment and failed to take action to stop it. Here, because the complaint alleged Best Buy successfully ...

Where a suit against an employer was originally filed in the name of a man who died two days before his claims were filed, there was no Article III standing and the error could not be cured through substitution of ...

Plaintiff generally worked four hours of voluntary overtime before her shift, so she refused to perform more overtime after her shift, when defendant purportedly needed her because another employee was out. There is a genuine issue of material fact in ...