South Carolina Lawyers Weekly

Even though plaintiff wanted to pass a required qualification by simulation while the defendant-employer wanted him to train directly on plant equipment (which could only be done during the nighttime when plaintiff’s sleep apnea prevented him from working), since defendant ...

Tagged with: ADA

Plaintiff asserts that his co-workers yelled at him, were rude, and made comments about how he was “derelict” in performing his job and that his manager violated company policy by having a conversation about plaintiff’s work performance. These assertions do ...

Tagged with: constructive discharge

An employer’s collective bargaining impasse rights did not override its ERISA obligations as to employees hired post-impasse. The employer nevertheless sought judgment on the pleadings, but did not plead its fraud-dependent affirmative defenses with sufficient particularity. Background Appellant Just Born ...

Tagged with: Rule 9

Where plaintiff is seeking damages for non-physical injuries including “pain and suffering, mental and emotional distress, shock and humiliation, and stress and anxiety” arising out of her termination from defendant’s employ, she is alleging psychological harm. Although she argues that ...

Tagged with: Termination

Plaintiff’s sleep apnea prevented him from working at night, but his job required competence on a machine on which he could only train at night. Although plaintiff’s doctor had agreed to a two-month suspension of plaintiff’s work restrictions, and although ...

Tagged with: ADA

Plaintiff’s complaints that co-workers made rude comments about her hairstyle and excluded her from meetings do not rise to the level of an objectively hostile environment. Since plaintiff cannot satisfy the elements of a hostile environment claim, her hostile-environment constructive ...

Tagged with: Boorish Behavior

Even though plaintiff’s co-worker was merely given a warning when he violated the defendant-employer’s policy against leaving loaded weapons in plain view in a personal vehicle, since the co-worker’s vehicle was locked while plaintiff’s vehicle was left unlocked, plaintiff has ...

Tagged with: ADA

The envelope of the EEOC’s right-to-sue letter was postmarked June 20, 2016, but plaintiff asserts that she did not receive the letter until Aug. 1, 2016. Based on documented evidence of delayed mail and on plaintiff’s assertions under oath that ...

Tagged with: ADEA

Plaintiff’s state law claims for breach of contract, breach of contract/detrimental reliance, and bad faith failure to pay insurance seek to hold the defendant-employer liable for benefits that plaintiff says she was promised but did not receive. Her claims do ...

Tagged with: ERISA

Where plaintiffs are solely seeking relief under the South Carolina Payment of Wages Act for wages due pursuant to the defendant-city’s employment policy, plaintiffs’ claims are not preempted by the Fair Labor Standards Act. The court grants plaintiffs’ motion for ...

Tagged with: SCPWA