South Carolina may be an at-will employment state, but that does not mean your employer can fire you in violation of state and federal discrimination laws. There are many instances in which your employer can face adverse consequences for wrongful termination.
If you believe your employer has violated state or federal employment laws and do not know where to seek help, do not hesitate to contact an experienced North Charleston wrongful termination attorney at Shelly Leeke Law Firm to discuss your legal options.
When Termination Is Considered “Wrongful”
Your wrongful termination lawyer in North Charleston, SC is here to help you hold your employer accountable for their employment law violations. Many employees are under the impression that living in an at-will state for employment purposes means their employer can terminate their employment for any reason at any time.
However, this is simply not the case. There are many employment laws in place that are designed to protect employees from wrongful termination. Essentially, anytime your employer violates employment laws as they terminate you, they can face legal consequences. Here is more:
Common Reasons for Wrongful Termination
There are many reasons employers may attempt to terminate your employment. In some instances, it is for discriminatory reasons. This might include firing you because of your gender, religion, sexual orientation, race, or other protected status.
However, there are also many other reasons why employers may wrongfully terminate their employees. Some examples of their reasoning could include:
- Failure to show up for a shift because of jury duty
- Refusing to work in hazardous work conditions
- Taking a leave of absence due to medical reasons
- Standing up against your employer or blowing the whistle
- Your political beliefs or taking time off during a work day to vote
- Refusing to sign a non-compete agreement
Wrongful termination can occur in a variety of employment law situations. Some of the most common instances we see wrongful termination include:
- Wrongful termination for pregnancy
- Wrongful termination for whistleblowing
- Wrongful termination and discrimination
- Wrongful termination and retaliation
- Wrongful termination and public policy violations
Wrongful Termination for Pregnancy
It is more common than you might think for companies to wrongfully terminate people who attempt to take time off for pregnancy or request accommodations. Some of the state and federal laws that protect against pregnancy discrimination and wrongful termination include:
- The Family and Medical Leave Act (FMLA)
- The Pregnancy Discrimination Act of 1978
- The Americans with Disabilities Act
If you were wrongfully terminated when your employer suspected pregnancy or was informed of your pregnancy, you may have the right to pursue a wrongful termination claim against them. Our wrongful termination attorneys are here to ensure your rights are protected.
Wrongful Termination for Whistleblowing
Suppose you discover employment law violations or criminal activity at your job and attempt to report your findings to your employer or an official government agency, and are subsequently terminated. In that case, you may have grounds for a wrongful termination suit.
Examples of retaliation go beyond simple wrongful termination and can include threatening, harassment, intimidation, and discrimination.
Wrongful Termination and Discrimination
Anyone who is part of a protected class under Title VII is protected from being discriminated against or wrongfully terminated by their employers. Some of these protected groups include:
- Race
- National origin
- Disability
- Age
- Gender
- Pregnancy
- Religion
Wrongful Termination and Retaliation
Acts of retaliation at work are often common before wrongful termination. If you experienced any of the following acts of retaliation prior to your termination, you may have the right to move forward with an employment law complaint:
- Suspension
- Unfair performance reviews
- Demotion
- Being passed over for a job opportunity
- Inappropriate discipline
- Pay reduction
- Layoffs
Wrongful Termination and Public Policy Violations
There are certain instances in which your employer is prohibited from firing you if you take time off work. These include:
- Exercising your FMLA rights
- Exercising your right to time off after pregnancy or birth
- Exercising your right to vote
- Taking time off to serve on a jury
- Taking time off to perform service for the military
Protections for Employees Against Wrongful Termination in North Charleston
Your wrongful termination attorney in North Charleston, SC, can help you through these difficult times after wrongful termination. There are state and federal laws in place that can help protect employees. These laws include:
- The Worker Adjustment and Retraining Notification (WARN) Act requires workers to be provided a minimum of 60 days notice prior to a massive layoff. This applies to companies with more than 100 employees, not including those who have only been working for the company over the six months prior to the layoff, and those who do not work more than 20 hours per week.
- State employment laws require employees to be paid all due wages within 48 hours of termination or the next scheduled payday and must be paid within 30 days of termination.
Recoverable Damages When You Are Wrongfully Terminated
There are multiple ways you can resolve your wrongful termination complaint. Our wrongful termination lawyers can review the details of your case to determine which approach is most likely to produce a favorable outcome. Your options could include:
- Negotiating with your employer
- Attending mediation
- Having your case heard in binding arbitration
- Filing a civil lawsuit against your employer
Ultimately, our North Charleston wrongful termination attorneys hope to maximize the compensation we recover and ensure your employer faces sanctions and other penalties. Some of the different damages you may be entitled to after wrongful termination include:
- Double back pay
- Compensation for unpaid overtime
- Compensation for loss of income
- Restitution for mental anguish
- Compensation for unpaid vacation time
- Costs of attorneys fees
Contact a North Charleston Wrongful Termination Lawyer for Help Today
When your employer wrongfully terminates you, you can take steps to hold them accountable and seek compensation for the emotional distress and financial losses you endured due to your employer’s employment law violations.
Find out more about what is next for your complaint when you reach out to an aggressive North Charleston wrongful termination attorney at Shelly Leeke Law Firm. Schedule your confidential case evaluation when you fill out our convenient contact form or call our office to get started today.
