Wrongful Termination in South Carolina — Know Your Rights
At-will exceptions, public policy protections, and how to challenge an illegal firing in South Carolina.
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While South Carolina follows the at-will employment doctrine §41-1-110, not all terminations are lawful. Wrongful termination occurs when a firing violates the law. Public policy exception recognized through case law; statutory protection for workers' comp retaliation and whistleblower claims §41-1-80.
When Is Termination Wrongful?
Termination may be wrongful if it violates:
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A state or federal anti-discrimination law §1-13-80
Recognizes public policy exception (through case law) and limited implied contract exception based on employee handbooks; a handbook or policy issued after June 30, 2004 does not create a contract if conspicuously disclaimed (handbook disclaimers must be in underlined capital letters on the first page and signed by the employee) §41-1-110.
Filing a Wrongful Termination Claim
To pursue a wrongful termination claim in South Carolina:
1
Document the circumstances of your termination immediately
2
Preserve all relevant communications, performance reviews, and employment records
3
File a complaint with the South Carolina Human Affairs Commission within the applicable deadline §1-13-90
4
Consider filing a charge with the EEOC for federal claims
5
Consult with an employment attorney to evaluate your case
⚠The Statute of limitations for wrongful termination claims varies by theory. Public policy claims may have different deadlines than discrimination claims. Act quickly.
✓If you are offered a severance agreement, have an attorney review it before signing. Severance agreements often contain waivers of your legal rights.
Prepare for Your Consultation
Quick checklist (Employment Law)
Gather these before your first consultation.
Employment records
(pay stubs, contracts, offer letters)
Communication evidence
(emails, texts, performance reviews)
Witness information
(coworkers who can corroborate)
General preparation tips only. Specific needs depend on your state and employment situation.
No Obligation
Ready to Talk to a Lawyer?
Submit a short intake form and a participating South Carolina attorney who handles this type of matter may reach out to you. No commitment required.
No attorney-client relationship is created unless you later sign an engagement agreement. Participating attorneys may pay a marketing fee to receive inquiries.
Common Questions
Frequently Asked Questions
General answers to common questions. Specific outcomes depend on your facts and timing.
If you have a deadline, court notice, or upcoming hearing, mention it when requesting assistance so timing can be evaluated promptly.
