Working in Columbia, South Carolina, should be a safe and positive experience for all employees. Unfortunately, this is not always the case. Some employers choose to terminate employees unlawfully. If you have been wrongfully terminated, you may be feeling scared, alone, and confused about what to do next.
If you have been wrongfully terminated from your job, you need to speak with a Columbia wrongful termination lawyer as soon as possible. There are laws to protect employees from wrongful termination, and these laws vary from state to state.
A wrongful termination attorney will be able to advise you on the specific laws that apply to your situation and help you file a claim against your former employer. Contact The Law Offices of Jason E. Taylor today for a free consultation.
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Wrongful Termination Law in Columbia, South Carolina
Wrongful termination occurs when an employer fires an employee for an illegal reason. There are several reasons why an employer may illegally fire an employee, but the most common reason is retaliation. Retaliation occurs when an employer fires an employee because the employee has reported discrimination or harassment in the workplace.
Other common reasons for wrongful termination include firing an employee. After all, they are pregnant, firing an employee because they have filed for workers’ compensation, or firing an employee because they have complained about unsafe working conditions.
Discrimination in Columbia, South Carolina
Discrimination in the workplace is illegal. Discrimination occurs when an employer treats an employee differently than other employees because of the employee’s race, religion, gender, or other protected characteristic. If you have been the victim of discrimination, you should speak with a Columbia discrimination lawyer as soon as possible to discuss your legal options.
Federal Laws for Discrimination
There are several federal and state laws that prohibit discrimination in the workplace. The most well-known law is Title VII of the Civil Rights Act of 1964, which prohibits discrimination based on race, religion, gender, and national origin.
Other federal laws that prohibit discrimination include the Americans with Disabilities Act (ADA), which prohibits discrimination against employees with disabilities, and the Age Discrimination in Employment Act (ADEA), which prohibits discrimination against employees 40 years of age or older.
State Laws for Discrimination
In addition to federal laws, there are also state laws that prohibit discrimination. The South Carolina Human Affairs Law prohibits discrimination based on race, religion, gender, national origin, and other protected characteristics.
If you have been the victim of discrimination, you should speak with a Columbia discrimination lawyer to discuss your legal options. There are strict deadlines for filing a discrimination claim, and if you miss the deadline, you may be barred from taking any action against your employer.
How Do I Know If I Have a Wrongful Employment Case?
If you have been fired from your job, you may wonder if you have a case for wrongful termination. The first step is to speak with one of our Columbia, SC, wrongful termination lawyers. They will review the circumstances of your firing and advise you on whether you may have a case. In some cases, it may be clear that you were wrongfully terminated. For example, if you were fired for complaining about sexual harassment, you likely have a case for wrongful termination.
In other cases, the circumstances may not be as clear. For example, if you were fired for poor performance, proving that you were wrongfully terminated may be more difficult.
Who Do You Report Wrongful Termination To In South Carolina?
If you believe you have been wrongfully terminated, you can file a wrongful termination claim with the federal government via the Department of Labor or the Equal Employment Opportunity Commission (EEOC). You can also file a claim with the South Carolina employment agency.
No matter what course of action you decide to take, it is important to speak with a Columbia wrongful termination lawyer as soon as possible.
What is an Implied Contract?
An implied contract is an agreement between an employer and employee that is not written or spoken but is understood to exist based on the parties’ actions. For example, if you have been working for your employer for several years and are suddenly fired without any explanation, you may have an implied contract claim.
To succeed on an implied contract claim, you must show that the employer made certain promises to you verbally or through its actions and that you relied on those promises when deciding to stay with the company.
For example, if your employer told you that you would have a job with the company for as long as you wanted it and relied on that promise when you decided not to look for other employment, you may have an implied contract claim.
Adverse Employment Actions Versus Termination in South Carolina
It is important to note that not all adverse employment actions rise to the level of wrongful termination. For example, if you are demoted or have your hours reduced, you may claim retaliation or discrimination, but you would not have a claim for wrongful termination.
To succeed on a wrongful termination claim in South Carolina, you must show that you were fired for an illegal reason. Some common examples of illegal reasons for termination include:
- Complaining about discrimination or harassment
- Asking for overtime pay
- Refusing to do something illegal
- Taking leave under the Family and Medical Leave Act (FMLA)
These are just a few examples of illegal reasons for termination. If you have been fired and are not sure if you have a claim, you should contact a wrongful termination lawyer for legal services.
What Are My Remedies If I Win My Wrongful Termination Case?
If you are successful in your wrongful termination claim, you may be entitled to reinstatement, lost wages, and other damages. In some cases, you may also be able to recover punitive damages.
Can You Get Your Job Back in Wrongful Termination Lawsuits?
In some cases, you may be able to get your job back if you win your wrongful termination lawsuit. This is known as reinstatement. However, in other cases, reinstatement may not be possible. For example, if the company has gone out of business or if your position has been filled by someone else, you may not be able to get your job back.
How Long Does a Wrongful Termination Lawsuit Take in South Carolina?
The amount of time it takes to resolve a wrongful termination lawsuit in South Carolina will depend on many factors, including the case’s complexity and whether it goes to trial. In some cases, lawsuits can be resolved relatively quickly. However, in other cases, they may take several years to resolve.
Contact our Wrongful Termination Lawyers in Columbia, SC
If you have been fired from your job and think it may have been for an illegal reason, you should speak with a wrongful termination lawyer as soon as possible. There are strict deadlines for filing a claim, and if you miss the deadline, you may be barred from taking any action against your former employer.
A Columbia wrongful termination lawyer can review the facts of your case and help you determine whether you have a claim. If you do have a claim, they can help you file a lawsuit and fight for the compensation you deserve.
Don’t wait to speak with a lawyer – contact us today to schedule a consultation.
2000 Park St #102
Columbia, SC 29201