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Can I terminate employees without violating employment laws in South Carolina? What are the requirements?

To terminate employees without violating employment laws in South Carolina, private employers must comply with the provisions of Section 41-8-20 and Section 41-8-30 of the South Carolina Code of Laws [1.1][1.3].

Private employers in South Carolina must have a South Carolina employment license and any other applicable licenses as defined in Section 41-8-10 in effect and not suspended or revoked to employ a person in the state [1.1]. Additionally, private employers who are required by federal law to complete and maintain federal employment eligibility verification forms or documents must register and participate in the E-Verify federal work authorization program, or its successor, to verify the work authorization of every new employee within three business days after employing a new employee [1.1]. Private employers shall employ provisionally a new employee until the new employee’s work authorization has been verified pursuant to this section. A private employer shall submit a new employee’s name and information for verification even if the new employee’s employment is terminated less than three business days after becoming employed. If a new employee’s work authorization is not verified by the federal work authorization program, a private employer must not employ, continue to employ, or reemploy the new employee [1.1].

Private employers who knowingly or intentionally employ an unauthorized alien violate the private employer’s licenses [1.3]. If a private employer violates the provisions of Section 41-8-20 or Section 41-8-30, the director of the South Carolina Department of Employment and Workforce shall institute an investigation of the alleged violation. If the director finds reasonable grounds exist that a private employer violated the provisions of Section 41-8-20 or Section 41-8-30, the director shall take appropriate action in accordance with subsection (D) of Section 41-8-50, which may include suspension and revocation of the private employer’s licenses [1.4].

In addition, private employers must comply with other relevant provisions of the South Carolina Code of Laws, such as Section 41-7-50, which prohibits labor organizations from entering into or seeking to effect any agreement, contract, or arrangement with any employer declared to be unlawful by Sections 41-7-20 or 41-7-30 [2.1]. Private employers must also comply with the statewide random auditing program established by the South Carolina Department of Employment and Workforce to inspect private employers for compliance with the provisions of the South Carolina Code of Laws governing employment [1.2].

If a private employer fails to comply with the provisions of the South Carolina Code of Laws governing employment, the director of the South Carolina Department of Labor, Licensing and Regulation or his designee shall ensure compliance with the relevant provisions and shall cooperate with an employee in the investigation and enforcement of a meritorious claim against an employer [2.2].

In summary, private employers in South Carolina must comply with the provisions of Section 41-8-20 and Section 41-8-30, have a South Carolina employment license and any other applicable licenses, register and participate in the E-Verify federal work authorization program, not knowingly or intentionally employ an unauthorized alien, comply with other relevant provisions of the South Carolina Code of Laws governing employment, and comply with the statewide random auditing program established by the South Carolina Department of Employment and Workforce. Failure to comply with these provisions may result in suspension and revocation of the private employer’s licenses.

Source(s):
Jurisdiction

South Carolina