South Carolina is an at-will employment state and does not recognize a claim for “negligent separation.” The trial court should not have submitted such a claim to the jury based on a fire chief’s request for an assistant chief’s resignation. ...

Tagged with: Labor & Employment

Amuchie v. Carmax Auto Superstores Inc. (Lawyers Weekly No. 002-095-17, 7 pp.) (Timothy Cain, J.) 6:16-cv-03074; D.S.C. Holding: Plaintiff argues that there was no meeting of the minds as to the dispute resolution agreement (DRA) in defendant’s online job application ...

Tagged with: Labor & Employment

Brailsford v. Fresenius Medical Center CNA (Lawyers Weekly No. 002-123-17, 21 pp.) (David Norton, J.) 2:15-cv-04012; D.S.C. Holding: After an abusive, threatening patient defecated in a dialysis chair, plaintiff told her co-workers – as they were cleaning the patient’s bodily ...

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Creech v. JEM Pizza Group, LLC (Lawyers Weekly No. 002-089-17, 8 pp.) (Patrick Michael Duffy, J.) 2:16-cv-03087; D.S.C. Holding: Plaintiff’s online employment application would never have been submitted to defendant if plaintiff had not agreed to the application’s arbitration provision, ...

Tagged with: JEM Pizza Group LLC Labor & Employment

Gritzuk v. GCA Education Services, Inc. (Lawyers Weekly No. 002-169-16, 6 pp.) (Patrick Michael Duffy, J.) 2:16-cv-01076; D.S.C. Holding: Full adjudication of plaintiff’s action, which seeks a declaratory judgment that he may work for a competitor of his former employer ...

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Ruff v. Strategic Contract Brands, Inc. (Lawyers Weekly No. 002-151-16, 17 pp.) (Bruce Howe Hendricks, J.) 6:15-cv-05004; D.S.C. Holding: Where the Texas defendant-employer (1) recruited the plaintiff-employee in South Carolina; (2) entered into a contract, part of which was to ...

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Perkins v. US Airways, Inc. (Lawyers Weekly No. 002-149-16, 9 pp.) (Bruce Howe Hendricks, J.) 6:14-cv-02577; D.S.C. Holding: The regulatory definition of “current employment status” does not conflict with the statutory definition of the term; therefore, the regulatory definition is ...

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Estate of Myers v. City of Columbia (Lawyers Weekly No. 002-121-16, 6 pp.) (Mary Geiger Lewis, J.) 3:16-cv-00852; D.S.C. Holding: Plaintiffs’ decedent died because the trench he was working in collapsed. Plaintiffs allege that, in favor of expediency and cost-cutting, ...

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Bouknight v. KW Associates, LLC (Lawyers Weekly No. 002-115-16, 8 pp.) (Cameron McGowan Currie, J.) 3:16-cv-00210; D.S.C. Holding: Plaintiff alleges that he was fired for hiring an attorney after he filed a workers’ compensation claim. Although plaintiff does not cite ...

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Cunningham v. Anderson County (Lawyers Weekly No. 010-104-15, 9 pp.) (Kaye Hearn, J.) (Donald Beatty, J., joined by Jean Hoefer Toal, C.J., dissenting) Appealed from Anderson County Circuit Court (Alexander Macaulay, J.) On writ of certiorari to the Court of ...

Tagged with: Labor & Employment