Tag Archives: Employee Handbook

Labor & Employment – Public Employees – Municipal Retirees – Health Insurance – Contract – Estoppel (access required)

Bishop v. City of Columbia Although neither the defendant-city’s employee handbook nor an insurance benefits booklet formed a contract with the plaintiffs – retired police officers and firefighters – the plaintiff-retirees may have been entitled to rely on statements made by their supervisors and city human resources personnel about free health insurance after retirement. We affirm in part and reverse in part the circuit court’s grant of summary judgment to the city.

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Labor & Employment – Forced Retirement Claim – Time Record Discrepancies — Contract – Employee Handbook (access required)

Lord v. Kimberly-Clark Corp. Even if plaintiff’s supervisor was significantly involved in the investigation resulting in plaintiff’s termination, no reasonable jury could find that plaintiff’s employment was terminated in retaliation for his prior complaint against his supervisor. Even though the supervisor’s superior, Nathan Gallaher, was aware of a “rift” between plaintiff and his supervisor, plaintiff has advanced no plausible reason why this would cause Mr. Gallaher to fabricate a pretextual case for terminating plaintiff’s employment.

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Labor & Employment – Termination — Breach of Contract – Employee Handbook – Disclaimer – Uncapitalized – Fraudulent Act Allegation (access required)

McClurkin v. Champion Laboratories, Inc. Even though the disclaimer in defendant’s employee handbook otherwise meets the requirements of S.C. Code Ann. § 41-1-110, since the disclaimer is not in capital letters, it does not fall within the statute’s protection. Defendant’s motion to dismiss is denied as to plaintiff’s claims of breach of contract and breach of contract accompanied by fraudulent act. Defendant’s motion to dismiss is granted as to plaintiff’s claim of breach of fiduciary duty.

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