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Tag Archives: Public Policy

Fired prison guard struggles with ‘public policy’ case to get her job back (access required)

prisoner

South Carolina law is generally rather unfavorable to employees who have been fired: the state’s “at will” doctrine allows an employer to fire an employee for any reason, or no reason at all. But the state recognizes one exception to the rule, the “public policy exception,” when a firing would violate a clear mandate of public policy. Since it is the only concession recognized by law, it’s a popular target for ex-employees suing for wrongful termination.

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Insurance – Auto – UIM – Portability – Resident Relatives – Public Policy (access required)

Nationwide Mutual Insurance Co. v. Rhoden When a mother (who had underinsured motorist coverage on her own vehicles) and one of her daughters were injured in an accident while riding with another daughter (who did not have UIM coverage on her vehicle that was involved in the accident), the mother and the non-owner daughter are entitled to UIM benefits from the mother’s policy; however, the driver-daughter is not entitled to UIM benefits from the mother’s policy.

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Labor & Employment – Tort/Negligence – Wrongful Termination Claim – Public Policy – Unpaid Wages – No DOL Claim (access required)

Barron v. Labor Finders of South Carolina Even though plaintiff was fired the day after she complained to her employer that she had not been paid all the commissions due her, since she never filed a complaint with the Department of Labor as required by Payment of Wages Act, nor did she ever indicate to the defendant-employer that she had filed or intended to file a complaint, plaintiff cannot show that she was fired in retaliation for availing herself of the protections of the Act. Although the Court of Appeals erred in its analysis, it properly affirmed the circuit court’s grant of summary judgment for the employer. We affirm as modified.

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