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Public Employees

Aug 27, 2018

Labor & Employment – Public Employees – ADEA – Disparate Impact – Business Necessity Defense

Since the court is allowing plaintiff to bring a disparate impact claim under the federal-sector provisions of the Age Discrimination in Employment Act, the court will also allow defendant to assert the business necessity defense. Kennedy v. Shulkin (Lawyers Weekly No. 002-171-18, 6 pp.) (Margaret Seymour, S.J.) 3:15-cv-01844. Rebecca Fulmer and Wilmot Irvin for plaintiff; […]

Aug 27, 2018

Labor & Employment – Public Employees – 42 U.S.C. §§ 1981 & 1983 – Civil Practice – Pleadings

Plaintiff’s first two causes of action (race discrimination and retaliation) are brought under 42 U.S.C. § 1981; however, § 1981 does not provide a proper basis for a cause of action. Consequently, plaintiff’s first two causes of action fail to state a claim as a matter of law. The court adopts the magistrate judge’s recommendation […]

Aug 24, 2018

Labor & Employment – Public Employees – Tort/Negligence – Wrongful Discharge – Public Policy – Defamation – ‘Malice’

Plaintiff claims that his handling of an altercation with an allegedly recalcitrant high school student was permissible under the defendant-sheriff’s department policy, and he argues that the department’s termination of his employment for his handling of the situation was a wrongful discharge in violation of public policy. However, a deputy serves at the sheriff’s pleasure, […]

Mar 2, 2018

Labor & Employment – Public Employees – Tort/Negligence – Wrongful Termination – Public Policy – Building Official – Municipal

Holding: As the defendant-town’s “building official,” it was plaintiff’s mandatory responsibility to enforce the provisions of the state building code by issuing a stop work order when she discovered unpermitted construction work. When the town fired her for doing so, the town violated a clear mandate of public policy. We affirm our Court of Appeals’ […]

May 8, 2017

Labor & Employment – Public Employees – Municipal Handbook – Constitutional – Freedom of Association – Due Process

Bordner v. Town of Atlantic Beach (Lawyers Weekly No. 002-116-17, 17 pp.) (R. Bryan Harwell, J.) 4:15-cv-05064; D.S.C. Holding: The lynchpin of plaintiff’s First Amendment claim is that, after a mass layoff, he was not rehired because defendants perceived him to be part of an “opposing faction”; however, plaintiff denies that he associated with or […]

May 5, 2017

Labor & Employment – Public Employees – Administrative Remedies – Exhaustion Requirement – Form over Substance

Chapman v. South Carolina Department of Social Services (Lawyers Weekly No. 011-029-17, 7 pp.) (Paul Short Jr., J.) App0ealed from the Administrative Law Court (Carolyn Matthews, ALJ) S.C. App. Holding: After his client was fired, a lawyer’s letter satisfied the statutory and regulatory requirements for initiating a grievance, despite the fact that the employer’s HR […]

Feb 3, 2017

Labor & Employment – Public Employees – Schools & School Boards – Contract Teacher – Dismissal

Toney v. Lee County School District (Lawyers Weekly No. 011-013-17, 11 pp.) (James Lockemy, J.) Appealed from Lee County Circuit Court (Maité Murphy, J.) S.C. App. Holding: Although the plaintiff-teacher disobeyed a directive that she not talk to anyone about her situation while a grievance against her was pending, the record does not contain substantial […]

Nov 28, 2016

Labor & Employment – Public Employees – Constitutional – Free Speech – Schools & School Boards – Grade Alteration

Cash v. Garner (Lawyers Weekly No. 002-219-16, 14 pp.) (Bruce Howe Hendricks, J.) 7:16-cv-00548; D.S.C. Holding: Since someone else in the defendant-school district changed the grades of the plaintiff-teacher’s students, plaintiff was not subjected to compelled speech, nor was he required to violate S.C. Code Ann. § 16-13-15, which makes it illegal to falsify or […]

Jan 4, 2016

Labor & Employment – Public Employees – Retirement Contributions – Rehired Retirees – Lower Salaries

Grimsley v. South Carolina Law Enforcement Division (Lawyers Weekly No. 010-002-16, 8 pp.) (John Kittredge, J.) Appealed from Richland County Circuit Court (J. Ernest Kinard Jr., J.) On writ of certiorari to the Court of Appeals. S.C. S. Ct. Holding: After retirement, plaintiffs were rehired at reduced salaries, and the salary reduction was equal to […]

Aug 25, 2015

Labor & Employment – Public Employees – Official & Individual Capacities – FLSA & SCPWA – Whistleblower Act

Billioni v. Bryant (Lawyers Weekly No. 002-147-15, 22 pp.) (J. Michelle Childs, J.) 0:14-cv-03060; D.S.C. Holding: Where the defendant-sheriff is an arm of the state, and where plaintiff has not shown that the State of South Carolina has explicitly waived its sovereign immunity as to its potential liability under the Fair Labor Standards Act, plaintiff’s […]

Mar 18, 2015

Labor & Employment– Failure-to-Hire Claims Not ‘Plausible’

McCleary-Evans v. Md. Dep’t of Transportation (Lawyers Weekly No. 001-052-15, 27 pp.) (Niemeyer, J.) No. 13-2488, March 13, 2015; USDC at Baltimore, Md. (Blake, J.) 4th Cir. Holding: An African-American female with over 20 years’ experience as a project manager on environmental regulatory compliance projects with two Maryland state agencies who alleges the biased decision-makers […]

Nov 25, 2014

Constitutional — First Amendment – Labor & Employment – Public Employees – Elections

Lawson v. Gault (Lawyers Weekly No. 002-232-14, 11 pp.) (Timothy Cain, J.) 7:13-cv-01050; D.S.C. Holding: As deputy clerk of court and supervisor within the family court division of the clerk’s office, plaintiff held a position of confidence and authority as the direct representative of the clerk. Accordingly, she did not have a First Amendment right […]

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