South-Western - Management  
New At-Will Law to Strengthen Hand of South Carolina Firms in Firings
Topic Employee Rights
Key Words Employment at will, employee handbook
InfoTrac Reference CJ117787202
If your textbook came with an InfoTrac passcode, click here to login on InfoTrac.
News Story

Beginning July 1 the state of South Carolina will change the employment at will doctrine. They have passed a law which will make it harder for workers to bring a lawsuit against an employer for being fired without warnings, hearings or other steps which were outlined in the employee's handbook.

The principle of employment-at-will is considered void if an employee is covered by a written contract. Juries have viewed that employers have unwittingly created written contracts through the employee handbook.

The new law states that a personnel manual, handbook, policy, procedure, or other document issued after June 30, "shall not create an express or implied contract of employment if it is conspicuously disclaimed."

Lawyers are advising employers to issue new handbooks after July 1, avoid promises and commitments to employees, and require employees to sign the new handbook.

They also advise that a conspicuous be placed on the front page, and that it be in capital letters and underlined. Under the new law, judges can decide if the is indeed conspicuous. Previously, juries have made that decision.

Labor groups and members of the South Carolina Trial Lawyers Assoc. are against the bill. They feel that salaried employees will be the group most affected. Employees under union contract are covered by written contract.

Questions
1.

This article discusses the employment-at-will doctrine. Define the concept of employment-at-will. Do you believe that the change by South Carolina will significantly impact unlawful discharge lawsuits?

2.

The actions by the state of South Carolina are to head off wrongful discharge lawsuits. However, there are three major court exceptions to the employment-at-will doctrine. What are those three exceptions?

Source "New At-Will Law to Strengthen Hand of South Carolina Firms in Firings," The State, Columbia S.C., Knight-Ridder/Tribune Business News, June 1, 2004.
Instructor Discussion Notes Discussion Notes
These notes are restricted to qualified instructors only. Register for free!

Return to the Employee Rights and Discipline Index

©2004  South-Western.  All Rights Reserved     |