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

The Employment & Labor Law Section of the South Carolina Bar is seeking nominees for the 2019 Distinguished Lawyer Award. Nominees will be selected by the section’s selection committee, and the winner will be recognized at a mid-year seminar scheduled ...

Tagged with: Labor and Employment

On the same day, plaintiff signed the defendant-employer’s dispute resolution agreement (DRA), its “Binding Arbitration Agreement, and its employee handbook, all of which contain arbitration provisions. This evidences a clear intent to agree to arbitrate any future dispute. The court ...

Tagged with: Labor and Employment

Even if plaintiff never treated a patient from outside South Carolina, she does not refute the defendant-employer’s other arguments which show that the parties’ employment contract involved interstate commerce, e.g., 95 percent of approximately 400 shipments of equipment and supplies ...

Tagged with: Labor and Employment

Under 26 U.S.C. § 3403, an employer cannot be made liable for failing to honor an employee’s W-4 form when it has been directed to deduct and withhold taxes by the Internal Revenue Service. Furthermore, a Revenue Ruling has rejected ...

Tagged with: Labor and Employment

Where plaintiff presented evidence that defendant’s CEO fired her on trumped up charges after learning that the company’s internal affairs committed had promised her she could not be fired for telling the IAC about her interaction with the CEO, plaintiff ...

Tagged with: Labor and Employment

Hamlin v. Dollar Tree Stores, Inc. (Lawyers Weekly No. 002-212-17, 6 pp.) (Patrick Michael Duffy, J.) 2:17-cv-02648; D.S.C. Holding: Although defendant drafted the employment agreement and plaintiff had no meaningful bargaining power, since both parties will have input into the ...

Tagged with: Labor and Employment