Can You Be Fired While on Workers’ Comp in South Carolina?

IS SOUTH CAROLINA AN AT-WILL STATE FOR EMPLOYMENT?

South Carolina is considered to be an at-will state for employment purposes. At-will is a form of employment in which both the employer and the employee may terminate the employment relationship at any time, for any reason.

Even though at-will employment is allowed in South Carolina, employers must still adhere to federal and state laws that prohibit workplace discrimination and wrongful termination. In addition, employees are still entitled to certain rights, such as the right to engage in protected activities (like taking legally protected leave, filing an OSHA complaint, or taking part in employment-related whistleblowing activities).

WHAT IS WRONGFUL TERMINATION IN SOUTH CAROLINA?

Wrongful termination in South Carolina is defined as any unlawful termination of an employment relationship. Unlawful reasons for terminating an employee include discrimination based on protected characteristics such as race, nationality, gender, age, disability, religious beliefs, or pregnancy. That means an employee cannot be fired simply because they belong to a certain ethnic group or because they developed a particular disability, for example.

Another form of wrongful termination is retaliation. Retaliation occurs when an employee is fired for complaining about or opposing discriminatory practices in the workplace or for filing a complaint with a government agency. Retaliation can also occur when an employee is fired for speaking out about issues such as wages and hours or for participating in union activities. Employers cannot fire an employee for filing a complaint against them or for participating in a discrimination investigation. Employees who have been wrongfully terminated may be entitled to seek legal remedies to obtain compensation for lost wages, benefits, and other damages.

CAN YOU BE FIRED WHILE ON WORKERS’ COMP IN SOUTH CAROLINA?

In South Carolina, an employer may not terminate an employee solely for filing a workers’ compensation claim. Firing a worker while on workers’ compensation is considered to be a form of retaliation and is unlawful in South Carolina. South Carolina companies could face penalties if they take adverse action against employees who file valid workers’ compensation claims.

This protection is in place to ensure that workers are not afraid to file a workers’ compensation claim if they are injured on the job. It also ensures that employers are not taking advantage of workers by terminating them while they are out of work due to an injury. However, an employer may terminate an employee for other reasons, such as misconduct or poor job performance, while they are on workers’ compensation.

WHAT SHOULD I DO IF I WAS WRONGFULLY TERMINATED FROM MY JOB IN SOUTH CAROLINA?

It is strongly recommended that you speak with an experienced employment lawyer who can review your case and make recommendations regarding the next steps you should take. A claim for wrongful termination may be available to you against your former employer, depending on the circumstances surrounding the termination. It is up to the employee to prove that the termination was based on unlawful reasons.

If you believe your termination was based on discriminatory reasons, you may file a complaint with the EEOC (Equal Employment Opportunity Commission) or with the South Carolina Human Affairs Commission, which is the government agency responsible for enforcing South Carolina’s laws against discrimination in the workplace. Filing a complaint is an important step in standing up for your rights and protecting yourself from unfair treatment. You should document any relevant evidence, such as emails, texts, or other forms of communication. You should also make sure to keep a record of any witnesses who can help support your case. Finally, it is important to contact an attorney to help ensure that your rights are protected.

WHY SHOULD I HIRE AN ATTORNEY FOR MY CASE?

If you were injured at work or developed an occupational disease and suspect you’ve been fired because of filing a workers’ comp claim, your first step should be to discuss your situation with a workers’ comp attorney to see if you have enough grounds for a wrongful termination case. In retaliation cases, it is the employee’s burden to prove that their termination was a retaliatory action. If you can prove that, you may have an affirmative defense against your discharge.

An affirmative defense against a retaliatory discharge may allow you to recover lost wages, receive reinstatement, or any other applicable benefits. Consulting with a workers’ compensation attorney can be immensely helpful in understanding your legal rights and options. At the Eller Frye Law Firm, our workers’ compensation attorneys are well-versed in all aspects of workers’ rights in South Carolina and can help you navigate your case, no matter how complex it may be. It is not always easy to understand what rights you may have as an injured worker, especially when your employer can allege you are being fired for nondiscriminatory reasons. Our attorneys can help you protect your rights and represent you every step of the way. Reach out to our office in Greenville by calling (864) 686-4827.