Getting fired sucks. No matter how you look at it, having your job taken away from you, particularly without notice, can put you in a financially and emotionally vulnerable place. And no one likes feeling that way.
Yet, every year, people are fired from their jobs in Charleston for no just cause. Although some of the dismissals are reasonable, a few are unfair and biased. While an employer often has the right to hire and fire at will, they ought to do it within the extent of the law.
No one should be illegally fired from their job. If you have, you deserve to be compensated for the position your former employer has put you in. So, if you suspect that the basis for your termination is unjustified, talk to our experienced Charleston wrongful termination lawyers at the Shelly Leeke Law Firm about it.
Can You Sue for Wrongful Termination in Charleston, SC?
That depends. Why were you fired in the first place? Was it on the basis of incompetence, lacking skills, or poor performance? Or were you fired because of some bias or in retaliation for some disagreement you had with someone in the company?
If it’s the latter, this would serve as the basis of your wrongful termination lawsuit. If you were fired on the following grounds, our South Carolina employment discrimination lawyers may determine you have a claim for:
- Contract breach
- Workplace discrimination
- Refusal to carry out questionable or unlawful practices requested by the employer
- Constructive discharge
- Retaliation or bias
- Violation of public or company policies
- Cronyism or favoritism
There are federal and state laws that discourage the wrongful termination of employees by their employers. No employer should fire you on the basis of discrimination, bias, retaliation, for reporting a work injury, or any of the aforementioned reasons. If they do, you may be able to sue them for wrongfully terminating your employment.
However, please note that because South Carolina is an “at-will” employment state, employers typically reserve the right to employ and discharge employees at will and without any reason. This is usually included in the contractual agreement that comes with most appointment letters.
But if you were let go for undisclosed or unreasonable grounds, or the company failed to follow the agreements outlined in your employment contract before firing you, you may be able to file a wrongful termination lawsuit against them.
All these situations may be somewhat complicated. However, our Charleston wrongful termination lawyers can explain everything to you, help you understand the various terms, and determine if you have a case.
What’s the Process of Filing an Unfair Dismissal Suit in Charleston, SC?
There are various processes for filing a wrongful termination suit in South Carolina. And they’re all dependent on different causes of your discharge.
However, many people tend to start with an appeal or grievance process. You should talk to an attorney about this first, as anything you say during this stage can be used against you in the future. If that doesn’t pan out, you may have to take other steps.
If you suspect that you were discharged on the grounds of discrimination, you can file a complaint with the South Carolina Human Affairs Commission (SCHAC), or you can file a complaint with the federal Equal Employment Opportunity Commission (EEOC).
If you were a member of a union and had a collective bargaining agreement, you should first try to resolve the issue using the available grievance resolution options. If your contract agreement was breached or violated, you can file a breach of contract lawsuit against the employer in the state’s court of law.
Whatever options you choose, you will strongly benefit from the insights and wisdom of our competent and skilled wrongful termination attorneys in Charleston, SC.
What’s the Value of a Wrongful Termination Lawsuit Charleston, SC?
Wrongful termination lawsuits can attract between $5,000 and $100,000 in compensation. However, some cases have been known to be settled for much more. Ultimately, your lawyer will be in the best position to tell you how much your case is worth and how much you’ll be able to receive as a settlement.
Speaking of settlements, your compensation amount depends on one or more of the following:
- Lost back pay from the termination date to the date the compensation is received or starting date of new employment
- Income disparity between the old and new job
- Extra costs incurred during the in-between-jobs phase
- Lost job benefits, like stock options, bonuses, Roth IRA, pension, earnings growth, and health insurance
- Mental and emotional anxiety caused by a difficult job situation while the employee service was engaged
- If you experienced harassment and discrimination while working for the employer
- If punitive damages are awarded against the employer
- Your lawyer’s capability
- Lawyer and court charges
Also, you need to start the filing process very quickly. South Carolina has strict time limits within which you can file a wrongful termination claim.
For instance, if you’re filing with the SCHAC, you must bring the legal charges within 180 days of the discrimination incident. If you’re filing with the EEOC, you have 300 days from the date of the discriminatory incident.
Some other charges have far shorter deadlines. So, consult with one of our wrongful termination lawyers in Charleston, SC, in order to ascertain how much time you have.
Talk to a Charleston Wrongful Termination Attorney
If you feel like you were unfairly dismissed from your job and suspect that you may have been discriminated against, you should talk to Shelly Leeke Law Firm’s experienced Charleston wrongful termination attorneys today.
With our broad knowledge of South Carolina laws and our experience fighting for people who have been in your shoes, we can provide the dedicated legal support and assistance that you require to get the settlement that you deserve.
Contact us today to get started.