how to speak with a lawyer regarding employment in south carolina

by Corbin Jacobi I 7 min read

The Lawyer Referral Service is a public service of the South Carolina Bar offered by telephone and online. The telephone service operates from 9 a.m. to 5 p.m. Monday through Friday. To reach the telephone service, both in state and out of state, call (800) 868-2284. In Richland and Lexington counties, call 799-7100.

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How do I find an employment attorney in South Carolina?

The Lawyer Referral Service will do its best to help you find a qualified, experienced employment attorney in South Carolina who will provide a low-cost, no-obligation consultation with you about your labor or employment matter. Contact us today. What is the Lawyer Referral Service?

When do you need an employment lawyer?

Dealing with a complex employment law issue on your own can be difficult and emotionally draining. If you are the victim of wrongful termination from your employer, have suffered harassment by a co-worker, or if you have been denied benefits or wages, you need to consult an experienced employment lawyer to review your legal options.

Who is the Acting Prosecutor for Hanahan SC?

In addition to succeeding as a criminal defense attorney and civil litigator, David is the acting Prosecutor for the City of Hanahan, SC. Prior to this appointment, he served as Assistant Solicitor in the Ninth Circuit Solicitor’s Office for Charleston County.

How do I find a lawyer?

Find a lawyer now! If you are indigent and unable to pay for a lawyer's service, you may want to contact LATIS at 1-888-346-5592 to see if you qualify for free or reduced-fee legal services. LATIS will screen you to see if you qualify.

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What can an employment lawyer help with?

An employment lawyer can talk you through your legal options and help decide the best course of action if you believe you have a case for unfair dismissal. This might mean taking your claim to an employment tribunal, or working with your solicitor to negotiate with your employer.

What are my rights as an employee in South Carolina?

In South Carolina, workers have the right to organize and the right to designate representatives of their own choosing to negotiate the terms and conditions of employment. No employer may discharge or discriminate in the payment of wages against any person because of his or her membership in a labor organization.

Can you be fired for any reason in SC?

South Carolina is an at-will state, which means that employees may be terminated for any reason, a good reason, a bad reason, or no reason. The employee may also quit for similar reasons without providing notice to employer.

What is the labor law in South Carolina?

South Carolina does not have a state labor law that regulates prevailing wage rates for citizens working on government projects or service contracts. Under certain circumstances, employers in South Carolina may be required to pay residents rates established by federal prevailing wage rates and rules.

What is considered wrongful termination in SC?

Other actions may also give rise to a wrongful termination claim, like: There is an oral or written express or implied employment contract; Firing an employee for refusing to do something illegal; or. Terminating an employee for reporting a health or safety violation.

How do I file a complaint with the labor board in South Carolina?

How To File a Wage Complaint:Fax form: Attn: Wages and Child Labor. Fax: 803-896-7680.Mail: South Carolina Department of Labor, Licensing and Regulation. Wages and Child Labor. P.O. Box 11329. Columbia, SC 29211-1329.

Can you sue your employer in South Carolina?

South Carolina law prohibits employers from engaging in retaliatory firings. If you are fired in retaliation for filing a workers' compensation claim, you can sue your employer in civil court.

Can you sue a company for firing you?

If you believe you were unjustly fired, you may wonder whether you can sue for wrongful termination. The short answer is yes, if you can prove that your employer illegally fired you.

Can you be fired without documentation?

If you never signed an employment contract, then it is likely that you can be fired due to performance without warning or documentation. On the other hand, employers may not fire you in retaliation for exercising your rights under the law, such as taking leave under the Family and Medical Leave Act.

What are the 3 basic employment rights for a worker?

The three basic rights of workers include rights concerning pay, hours and discrimination. Workers are entitled to these rights through the law and may declare their employer if they do not respect these rights.

What is an example of unfair labor practice?

Examples include: Refusing to process a grievance because an employee is not a union member. Threatening an employee for filing a ULP charge. Refusing to negotiate in good faith with an agency.

Can an employer withhold pay if you quit without notice?

You are entitled to be paid your wages for the hours you worked up to the date you quit your job. In general, it is unlawful to withhold pay (for example holiday pay) from workers who do not work their full notice unless a clear written term in the employment contract allows the employer to make deductions from pay.

What is the phone number for a lawyer?

If the lawyer is unable to assist you, please either revisit the online referral page or call the Lawyer Referral Service at (800) 868-2284 and explain the situation to the operator, and he or she will try to assist you with another referral.

What to do if you are terminated from your job?

If you are the victim of wrongful termination from your employer, have suffered harassment by a co-worker, or if you have been denied benefits or wages, you need to consult an experienced employment lawyer to review your legal options .

Why do overtime cases get won?

Many overtime claim cases are won because the employer failed to keep adequate wage and hour records. The Strom Law Firm will investigate all aspects of your overtime wage claim and seek to secure you the compensation you have rightfully earned. Call us today for a free consultation. (803) 252-4800.

What is the minimum wage for tips?

The only people excluded from making $7.25 an hour are those receiving tips. If you work in a job where you receive tips, your company may only be required to pay you $2.13 an hour. For this exclusion to apply, the number of tips you receive must equal at least the federal minimum wage.

What if my employer is not paying me minimum wage?

If you feel your employer is not paying you Federal minimum wage, and/or is not paying you for hours worked, you should seek the advice of a South Carolina employment attorney`. Your company, by law, is required to pay you at least $7.25 per hour unless you make tips. Similarly, depending upon your job duties, and subject to certain exceptions, your employer is required to pay you for each of the hours that you work.

What happens if you quit your job in Columbia SC?

Even if you voluntarily quit your job, you may be subject to a non-compete or other type of employment agreement, which leaves you feeling trapped and unable to follow your chosen career path. The Columbia SC Employment Lawyers at the Strom Law Firm. L.L.C. understands that your job is your livelihood and know what is at stake. Give us a call today for a free consultation (803) 252-4800.

What happens if you don't get paid in South Carolina?

If you are not paid for each and every hour that you work, you may have a claim for wages under the South Carolina Wage Payment Act. If you feel you have not been paid the federal minimum wage and/or paid for each hour worked, you need to contact a South Carolina employment attorney who will fight for your rights.

What are wage and hour issues in South Carolina?

wage and hour issues, including being forced to work off of the clock. employment agreements, including covenants not to compete and restrictive covenants, whistleblower or qui tam actions, and. violations of the South Carolina Wage Payment Act or failure to pay wages when due.

How much do you have to keep tips?

You must also retain all of your tips and must regularly receive more than $30 a month in tips. Your employer is required to pay the difference if your tips and wages do not equal the federal minimum wage.

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Seth Wiener

As an experienced trial lawyer and litigator, Seth Wiener has resolved numerous federal and state litigations. His cases have included everything from family law to bankruptcy to fraud and more. Before Seth formed his own firm, the Law Office of Seth W. Wiener, he worked for several prominent law offices where he gained a great deal of experience.

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Representing notable clients like Tesla and the City of Los Angeles, Josh Garber excels at helping clients with employment and labor laws. Many of his past clients have had great success using Josh for employment agreements and Division of Labor Standards Enforcement (DLSE) hearings.

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What can an employment attorney do?

An employment attorney can help employers and employees work together to reach a resolution in the event of a problem, from wages and workplace safety to discrimination and wrongful termination. But when is it appropriate to reach out?

Why do employees seek employment attorneys?

So, an employee would want to seek out an employment attorney to determine what their rights are and whether their situation is worthy of pursuing an actual lawsuit. The reason, Levitt explains, is that the agency findings are not binding and many times not even admissible because agencies do not do exhaustive investigations.

What should an employee keep in a record of incidents?

Employees who believe they are being discriminated against in some way or are not being paid correctly, etc., should keep accurate records of incidents, including dates and times. Note any witnesses. All of this information will be helpful for the agency or attorney should the employee decide to pursue action.

What is FLSA in employment law?

If the problem is on-time pay, overtime, or proper pay classification (non-exempt versus exempt status), the attorney can help the employee navigate the Fair Labor Standards Act (FLSA) to determine if the possibility exists that rights have been violated and help the employee with next steps. There are a plethora of labor laws an employer could ...

What to do if your employer-employee relationship becomes strained?

If your employer-employee relationship becomes strained on account of a dispute involving wages, workplace safety, discrimination, or wrongful termination, it's helpful to know an employment attorney who can explain both sides' rights and duties.

Can an employee file a lawsuit if there is no evidence?

Even if the agency finds insufficient evidence, the employee still has the right to file a lawsuit. The agency will either help the employee at that point or tell the employee that they should find an attorney. So, an employee would want to seek out an employment attorney to determine what their rights are and whether their situation is worthy ...

Can an employer violate labor laws?

There are a plethora of labor laws an employer could easily violate unknowingly (or willfully), and since there are different employee count and tenure thresholds for different laws, it's helpful to get guidance from an attorney.

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