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Worker Rights



 Although employees in South Carolina have certain rights, they do not share the same rights as employees in other states. For example, there are no requirements under South Carolina law forcing an employer to give an employee a lunch break. Employees may also be fired without a specific reason, as long as it's not an illegal reason, and are not guaranteed benefits such as paid days off, sick days or paid vacation days.


Know your rights!

Employees in South Carolina have legal rights before, during and after working at a job, including receiving a fair wage, not being sexually harassed and working in a safe environment. Employers may not discriminate in any way either during the interview process or while the employee holds the job. However, certain benefits that employees are entitled to in other states do not apply to employees working in South Carolina.

  1. Interview

    • Under South Carolina law, an employer cannot discriminate against an employee during the hiring process for reasons based on race, age, sex, disability, national origin or religion. During the interview process, the employer is also prohibited from asking the potential employee if he is married, plans on getting married or plans on having any children if it does not apply to the job itself. Employers are also not allowed to ask about sexual orientation, arrest history or place of birth unless it somehow relates to the job.




      Employees who are laid off or quit with good cause may be entitled to unemployment benefits

      . If an employee meets the requirements for unemployment benefits, she will be paid half of her regular pay for a maximum of 26 weeks. However, the payment may not exceed $292 per week. An employee may also continue her health coverage, at her own expense, after being terminated under the Consolidated Omnibus Budget Reconciliation Act (COBRA). For an employee to continue her coverage, she must be terminated for reasons other than misconduct or have her work hours reduced.



  2. Payment


      Employees in South Carolina, when first starting a job, are entitled to written notification of the wages and hours they will be working, as well as an itemized statement showing any deductions from the overall gross pay they have earned. If an employee is terminated from his job, the employer must pay the remaining balance owed for the pay period within 48 hours or by the next scheduled payday if it does not exceed 30 days. An employee has three years to file a civil action against an employer for wages due.


  3. Safety


      South Carolina safety laws protect employees from working in dangerous or hazardous environments. Employees have the right to contact the Occupational Safety and Health Administration (OSHA) anonymously to report any unsafe working conditions.


      Any employer with four or more employees in South Carolina is required to offer worker's compensation insurance, which helps to cover the cost of any injuries an employee acquires within the work environment, as well as wages lost due to the injury.


If you have a question or think your workers rights have been violated, call  Don Gibson Law today!

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The Gibson Law Firm • 5422 Rivers Avenue • North Charleston, SC 29406 • 843-744-1887