Get an Experienced Wrongful Termination Lawyer
Termination is not uncommon in the workplace. Often, when termination occurs, there is some sort of agreement between the employer and employee that things just are not working out. But sometimes this is not the case.
If you were terminated due to circumstances that you should not be held responsible for, you may be able to recoup damages from your employer. The right law team can help.
The Hopkins Law Firm is a team of Charleston, South Carolina attorneys with years of experience in employment law. Read on to find out how they can help you protect your rights.
South Carolina is an At-Will Employment State
South Carolina is known as an at-will employment state. This means that employers may fire employees at any time and for any reason. Similarly, employees can quit at any time for any reason.
Although South Carolina is an at-will employment state, there are still situations where a termination may be considered wrongful. These include the following.
Breach of Contract
An employer may not fire an employee at will if a written or oral contract is in place. A contract is considered a form of job security. Therefore, if the employee is fired for seemingly no reason, they can question their superior.
Furthermore, the contract may have terms set up in which the employee may be fired. For instance, there may be a three-strike rule in place that states a worker will be fired after he or she takes three actions considered inappropriate in the company’s eyes. If the worker is fired after the first or second strike, that would be a breach of contract.
Companies with 15 or more employees cannot fire a worker due to discrimination based on their gender, nationality, religion, race, color, age, or physical disability. They also cannot let the employee go for seeking worker’s compensation or for whistle blowing on unethical practices within the company.
Employers can not fire employees as a form of retaliation because the worker filed complaints about the company’s unsafe or unethical business practices.
South Carolina adheres to what is known as public policy exemption. This means that an employer is not allowed to fire a worker for reasons that are in violation of public policy. Here are some examples of public policy violations:
- An employee was asked to break the law on the employee’s behalf
- An employee was asked to participate in illegal activities on the employee’s behalf
- An employee complied with what was requested of them in an active subpoena and was fired as a result
If the employee was fired due to refusing to partake in illegal activities, that would be considered wrongful termination and the worker would have recourse to sue his or her employer.
What Kind of Compensation Can I Get in a Wrongful Termination Case?
The compensation you may be awarded can vary due to the circumstances of the employment and the termination. Here are some you may be eligible to collect.
Economic damages come in the form of back pay and front pay.
Back pay is awarded for any lost wages, bonuses, benefits, and overtime that you may have been collecting between the termination and the trial. To collect back pay, you will need to seek employment like the job you lost when you were terminated.
Front pay is awarded to cover all pay and benefits from the time of the judgement until you can get a new job.
Compensatory damages are paid for the cost of searching for a new job, legal fees, and any emotional or physical pain and suffering the employer may be dealing with due to the termination.
Punitive damages are rare in a wrongful termination case, but they can be awarded. This will be the case if the employer engaged in excessively reckless or malicious behavior during the firing process.
The Hopkins Law Firm Can Help You Win Your Charleston, South Carolina Wrongful Termination Case
If you feel you were a victim of wrongful termination, you need an experienced lawyer on your side. A lawyer will review your information and let you know if you have a case that is worth pursuing.
The Hopkins Law Firm has years of experience in Charleston, South Carolina employment law. We offer free consultations, and we will take the time to consider your wrongful termination situation. If we feel you have a case, we will stop at nothing to see to it that justice is done.
It can be difficult going up against your employer, but if you were wrongfully terminated, you need to take a stand. Contact us so to find out about the compensation you may be owed. We will make sure you get the closure you need to move forward with your career.Schedule Your Free Consultation
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Don’t discuss your injury case with the other party or with the insurance company until you have a powerful legal advocate on your side. Call us at 843-894-2377 or reach us by email. Our team offers a free consultation and won’t charge attorneys’ fees unless we help you recover money in a settlement or trial.
We Are Here to Help
Contact Hopkins Law Firm, LLC, at 843-894-2377. If you would like more information about your specific case, you can meet with an attorney from our Charleston team. We will listen to your story, let you know what we can do, and how we can help. You may also email us with a detailed description of your case and we will reach back out to you. We are your local attorneys and we are here to help.