Since March of 2020 American businesses have been challenged with unprecedented and unique obstacles. A fairly robust economic engine shut down overnight, shelves were bare and supply chains were interrupted at an alarming...more
A tenured professor at Erskine College in Due West claimed the institution breached its employment contract with him as set forth in the faculty manual. The trial court overruled the jury verdict in the professor’s favor, but...more
11/9/2020
/ Breach of Contract ,
Contract Disputes ,
Contract Terms ,
Employee Handbooks ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Hiring & Firing ,
Policies and Procedures ,
Teachers ,
Tenure
In a recent case involving multiple issues—Title VII of the Civil Rights Act of 1964, constructive discharge, and state law claims among them— the U.S. 4th Circuit Court of Appeals (which covers South Carolina employers)...more
In 1832, South Carolina adopted common-law marriage by way of a court decision, holding the union was a matter of civil contract that didn’t require a ceremony. Rather, two people were married when they agreed and intended to...more
My articles usually analyze a particular case and the impact of the court's decision on the relationship between employers and employees. With the release of a number of decisions addressing employment at will earlier this...more
We’ve often written about the need to have clearly written policies that, once in place, are followed. If a dispute arises and there is any ambiguity in the policies and how the employer interpreted or used them, juries more...more
8/16/2018
/ Appeals ,
Breach of Contract ,
Colleges ,
Covenant of Good Faith and Fair Dealing ,
Directed Verdicts ,
Early Retirement ,
Emergency Response ,
Emotional Distress Damages ,
Employer Liability Issues ,
Employment Policies ,
Evidence ,
Filing Grievances ,
Hiring & Firing ,
Judgment Notwithstanding the Verdict (JNOV) ,
Professors ,
Reversal ,
Student Athletes ,
Tenure ,
Wrongful Termination
The South Carolina Human Affairs Law has, in its history, had very few amendments, but during the most recent legislative term, the South Carolina Legislature passed and on May 17, 2018, the Governor signed the South Carolina...more
In 2-1 decision by a three-judge panel, the U.S. 4th Circuit Court of Appeals (whose rulings apply to all South Carolina employers) reversed a decision to grant summary judgment—meaning the trial court had found there was no...more
2/22/2018
/ Appeals ,
Burden of Proof ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Equal Pay Act ,
Former Employee ,
Gender Discrimination ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Job Applicants ,
Popular ,
Reversal ,
State Agencies ,
State Constitutions ,
Summary Judgment ,
Wage and Hour
A continuing point of contention in employment law revolves around who is an employee versus who is an independent contractor. The issue seems to come up often in wage and hour cases and workers’ compensation or unemployment...more
9/29/2017
/ 1099s ,
Appeals ,
Employee Benefits ,
Employer Liability Issues ,
Health Insurance ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
Right to Control ,
Subcontractors ,
W-2 ,
Wage and Hour ,
Workers' Compensation Claim ,
Workplace Injury