If you were fired for an illegal reason in South Carolina, there are state and federal laws in place that can protect you. For example, one of these laws is the South Carolina Human Affairs Law which prohibits employers from wrongfully terminating an employee based on certain protected characteristics, such as the employee’s color, ethnicity, gender, etc.
What Is the South Carolina Human Affairs Law?
According to the South Carolina Human Affairs Commission (SCHAS), it is illegal to fire an employee because of their race, skin color, gender, religion, age, or disability. If you were dismissed from your job due to a protected characteristic, you may be able to file a lawsuit against your employer.
The law also protects employees from wrongful termination because they have exposed or refused to carry our illegal acts at their workplace, or because they have applied for workers’ compensation after a workplace related injury or illness.
What Other Laws Protect South Carolina Workers From Wrongful Termination?
In South Carolina, most waged employees are on at-will employment terms. This means that they can usually be fired without the employer having to give a reason, whenever the employer wishes to do so. The same applies to the employees who can terminate their employment without giving a reason whenever they want.
This ability to fire at will has its limitations. South Carolina’s own state anti-discrimination law and federal equivalents prevent wrongful termination if it is due to discrimination against protected classes, whistleblowing or retaliation.
In addition to the South Carolina Human Affairs Law, there are three federal laws that prohibit wrongful termination in certain circumstances. These are the:
- Civil Rights Act of 1967;
- Americans with Disabilities Act (ADA); and
- Age Discrimination in Employment Act (ADEA).
Who Oversees the Wrongful Termination Laws in South Carolina
There are two main agencies that investigate potential cases of wrongful termination and can enforce penalties or allow employees who have alleged wrongful termination to file civil lawsuits against their employer.
The state agency that enforces the South Carolina Human Affairs Act is the South Carolina Human Affairs Commission (SCHAC). Its federal equivalent is the Equal Employment Opportunities Commission (EEOC). If you have been fired and believe it was due to discrimination or retaliation you can file a complaint initially with either the state agency or the EEOC. Note that the EEOC investigates cases of wrongful termination if you were employed in a workplace of 15 or more employees. The SCHAC is the better agency to file your complaint with if you were fired from a smaller workplace. Both the SCHAC and the EEOC have a work sharing agreement so that cases can be investigated using resources from both agencies.
Get in Touch With a Lawyer That Takes South Carolina Wrongful Termination Claims
You are likely to be confused and frustrated if you have been fired for what you believe are illegal reasons. It can be challenging trying to rectify a wrongful termination of your employment. It can help seeking legal advice from an experienced employment lawyer. If you decide to sue your employer after filing your complaint with the SCHAC or EEOC, then the lawyer can help you prepare your case against your employer for compensation for a breach of state and federal laws.
