At-Will Employment - South Carolina

Summary of differences between federal and state regulations

The general at-will employment doctrine is what employers generally refer to unless there are state laws that provide more detail. This is a situation in which there is a lack of laws or contracts that narrow the reasons for which employees may be terminated. Where such laws or contracts exist, they must be adhered to.

South Carolina law does not require a discharge notice or a reason for discharge.

For information on the state statute regarding handbook disclaimers, see www.llr.state.sc.us/Labor/Mediation/Employment%20at%20Will.pdf.

State courts have recognized the concept of public policy exception to the at-will employment concept; that is, it is illegal for an employer to terminate an employee for refusing to break the law on behalf of the employer.

State courts have recognized the concept of an “implied contract” exception to the at-will employment concept; that is, courts have found contractual obligations in an employer’s expressed written assurances that employees would only be discharged for cause, such as written representations of guidelines and policies found in employee handbooks.

State

Contact

South Carolina Human Affairs Commission

Regulations

South Carolina prohibits employment discrimination based on race, sex, age, religion, color, national origin and disability.

Federal

Contacts

None.

Regulations

None.