What is a wrongful termination claim?

A wrongful termination claim is a legal claim that an employee has been terminated due to improper or illegal reasons. In South Carolina, a wrongful termination claim can be brought against an employer if the employer has violated public policy, otherwise known as “wrongful termination in violation of public policy.” Examples of potential violations of public policy in South Carolina include termination for refusing to participate in criminal activities, taking legally protected actions such as filing an OSHA complaint, or objecting to unlawful discrimination. In South Carolina, employers must have a legitimate business reason to terminate an employee, and the employer must have acted without malice, ill will, or discrimination in order for the termination to be considered lawful. If an employee has evidence that their termination was in violation of public policy, or was based on any of the other above-mentioned illegal reasons, then they may be able to file a wrongful termination claim. In such a situation, the employee will typically need to show proof that the employer acted either illegally or with a malicious intent in order to win the claim. The employee may seek a remedy such as back pay, punitive damages (if the conduct was especially outrageous) and other remedies depending on the circumstances. It is important to note that in South Carolina, employment is generally considered “at-will,” meaning that either the employer or the employee has the right to end the employment relationship without notice and without cause. Unless the termination is found to be in violation of public policy, most wrongful termination claims in South Carolina are unsuccessful.

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What is a wrongful termination claim?

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