Ask Reggi Your Question Now

Reggi is the free generative AI assistance for regulatory compliance
Ask a Question

Can I fire employees for reasons other than poor performance in South Carolina? What are the requirements?

Yes, you can fire employees for reasons other than poor performance in South Carolina, but there are certain requirements that must be followed.

Requirements for firing employees in South Carolina

  1. Employment Contract: If the employee has an employment contract, the terms of the contract must be followed. The contract may specify the reasons for which an employee can be terminated.
  2. At-Will Employment: If the employee does not have an employment contract, they are considered an at-will employee. This means that the employer can terminate the employee at any time, for any reason, as long as the reason is not illegal.
  3. Illegal Reasons: It is illegal to terminate an employee for discriminatory reasons, such as race, gender, religion, or national origin. It is also illegal to terminate an employee for exercising their legal rights, such as filing a complaint about workplace safety or reporting illegal activity.
  4. Notice: If the employee is terminated for economic reasons, they have priority for being rehired to fill any vacancy for which they are qualified which occurs within two years from the date of their dismissal [1.1].
  5. Rules and Regulations: The Director of the Department of Labor, Licensing and Regulation or his designee may promulgate, modify or revoke rules and regulations which will have full force and effect of law upon being properly certified and filed for the purpose of attaining the highest degree of health and safety protection for any and all employees working within the State of South Carolina, whether employed in the public or private sector [2.1].
  6. State Employee Grievance Committee: If the employee is a state employee, they have the right to appeal their termination to the State Employee Grievance Committee [3.3].
  7. Breach of Contract: Any teacher who fails to comply with the provisions of his contract without the written consent of the school board shall be deemed guilty of unprofessional conduct. A breach of contract resulting from the execution of an employment contract with another board within the State without the consent of the board first employing the teacher makes void any subsequent contract with any other school district in South Carolina for the same employment period [1.2].
Source(s):
Jurisdiction

South Carolina