South Carolina Lawyers Weekly

  Disputed evidence on whether an employee who struggles with mobility could have performed her job without extensive travel, whether the employer lacked a reasonable belief she could engage in such travel and whether she was terminated because of her ...

Insurer had no duty to defend claims of breach of contract for insurance management services where insurer’s policy excluded coverage for claims arising from failure to procure or maintain insurance. We grant defendant’s motion to dismiss plaintiffs’ action seeking a ...

Contractor who performed pipe installation in a manufacturer’s plants was a statutory employee where construction was an integral part of the manufacturer’s business as it regularly engaged in construction and maintained a construction division and the manufacturer would not have ...

Because an employer did not abandon its claim that a former employee breached his employment agreement by retaining company property after resignation, the district court erred in dismissing the claim. And because the employer took steps to maintain the secrecy ...

Plaintiffs filed claims asserting violations of the FLSA, the SCPWA, and the Workers’ Compensation Law. To the extent plaintiffs asserted state law claims for overtime pay or pay under the federal minimum wage, such state law claims were preempted by ...

Tagged with: FLSA

The district court held that Baltimore County violated the Age Discrimination in Employment Act, but denied the EEOC’s request for back pay damages, concluding it had discretion to deny a request for such damages. The 4th Circuit disagreed, holding that back ...

Tagged with: Back pay

Where plaintiff alleges that he was a productive employee who was fired three weeks after his attorney requested that he be paid the bonuses he was due, plaintiff has stated a claim for wrongful discharge in violation of public policy. ...

Tagged with: Wrongful Discharge

Plaintiff alleges that he “was repeatedly referred to as a ‘Nigga” by his supervisor until he filed a complaint with upper management. The relationship with his supervisor deteriorated from that time forward.” An allegation of the repeated use of such ...

Even though defendant terminated plaintiff’s employment after plaintiff filed a workers’ compensation action, plaintiff has shown no causal relationship between his termination and the filing of his claim 12 months earlier. The record supports defendant’s assertion that it fired plaintiff ...

Tagged with: Workers' Compensation

The pro se plaintiff, who filed his complaint on June 27, 2017, alleged that he received a notice of rights from the EEOC on March 27, 2017, which would indicate that suit was filed 91 days after plaintiff received the ...

Tagged with: Civil Practice