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Tag Archives: Public Employees

Labor & Employment – Public Employees – Retirement — Administrative Remedies – Inapplicable – Constitutional – Due Process – Property Interest (access required)

Grimsley v. South Carolina Law Enforcement Division Since plaintiffs’ disagreement is with the S.C. Law Enforcement Division and not with its retirement system, the Retirement Act does not apply, and plaintiffs were not required to exhaust any administrative remedies before filing suit. Furthermore, plaintiffs have sufficiently alleged a property interest in the percentage of their salary that was deducted to pay the defendant-employer’s share of plaintiffs’ retirement system contribution.

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Labor & Employment – Discrimination – Sexual Harassment – Municipal – Public Employees (access required)

Okoli v. City of Baltimore A woman whose boss, head of a Baltimore aging agency, “forcibly kissed her, fondled her leg, propositioned her, asked sexually explicit questions, described sexual activities he wished to perform and then, after she spurned the advances and filed a harassment complaint, fired her,” stated claims for hostile environment, quid pro quo harassment and retaliation, and the 4th Circuit vacates summary judgment for the employer and remands the harassment suit.

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Tort/Negligence – Negligent Misrepresentation – Zoning – Municipal — Public Employees (access required)

Carolina Chloride, Inc. v. Richland County Where plaintiff continued to use its property as if it were zoned heavy industrial while the defendant-county processed and granted plaintiff’s request to rezone the property from rural to heavy industrial, the county did not inversely condemn plaintiff’s property. We affirm the decision of our Court of Appeals insofar as it upheld the circuit court’s directed verdict for the defendant-county. We overturn the Court of Appeals’ reversal of the circuit court’s directed verdict on plaintiff’s claims of negligence and negligent misrepresentation.

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Labor & Employment – Public Employees – Retirement – Benefits Change – Working Retirees (access required)

Ahrens v. State Even if a plaintiff-retiree signed an agreement with an S.C. state retirement system saying the retiree would return to work after retirement and would make no contributions to the retirement system, our state retirement systems had no statutory authority to enter into such an agreement; therefore, no such contracts existed between the state and the retirees.

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Tort/Negligence – Civil Conspiracy – SCTCA – Labor & Employment – Public Employees – Prisons & Jails (access required)

Pridgen v. Ward. Plaintiff's evidence allowed a jury to conclude that defendants - a group of S.C. Department of Corrections (SCDC) employees - conspired and violated SCDOC policy in order to have plaintiff fired from his position with SCDOC. We affirm the . . .

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Civil Practice – Res Judicata – Labor & Employment – Public Employees – Grievance – Civil Rights Claim – Individual & Official Capacities (access required)

Brooks v. Arthur. (Lawyers Weekly No. 001-172-10, 16 pp.) (King, J.) No. 09-1551, Nov. 19, 2010; USDC at Lynchburg, Va. (Moon, J.) 4th Cir. Click here for the full text of the opinion. Holding: Three Virginia correctional officers are not ...

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