What is wrongful termination in South Carolina?
South Carolina recognizes at-will employment with notable exceptions for public policy and implied contracts from handbooks.
1. Ludwick Public Policy Exception
Ludwick v. This Minute of Carolina, Inc., 287 S.C. 219 (1985), recognized a wrongful discharge tort for terminations contravening clear public policy. The Supreme Court has limited Ludwick to:
The court has declined to extend Ludwick to general whistleblowing absent statutory authority.
2. Implied Contract from Handbook — Small Doctrine
Small v. Springs Industries, Inc., 292 S.C. 481 (1987), held that handbook language using "mandatory" or definite terms creates an implied contract modifying at-will employment. This is unusual among Southern states.
Disclaimers: Under S.C. Code § 41-1-110, handbooks must contain a conspicuous disclaimer in underlined capital letters on the first page to preserve at-will status. Missing or inadequate disclaimers = implied contract.
3. South Carolina Human Affairs Law — S.C. Code § 1-13-80
Prohibits discrimination based on race, religion, color, sex, age (40+), national origin, or disability. Applies to employers with 15+ employees. File with South Carolina Human Affairs Commission within 180 days.
4. Whistleblower Statutes
5. Workers' Comp Retaliation — S.C. Code § 41-1-80
Codifies protection against termination for filing workers' comp.
6. Pregnancy Accommodations — S.C. Code § 1-13-30
2018 South Carolina Pregnancy Accommodations Act.
7. WARN Act
Federal WARN applies; no state WARN.
8. Damages
Ludwick allows compensatory and punitive damages. Punitive subject to general SC cap of $500,000 or 3x compensatory.
9. Statute of Limitations
This is legal information, not legal advice.
- Your employee handbook lacks a § 41-1-110 disclaimer and may have created an implied contract
- Your termination may fit Ludwick's narrow public policy exception
- You face the 180-day SCHAC deadline
- S.C. Code § 1-13-80
- S.C. Code § 41-1-80
- S.C. Code § 41-1-110
- S.C. Code § 15-3-530
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.