Posted on Thu, Apr. 10, 2003
OPPOSED

At-will bill is a license for employers to lie



On the at-will employment bill, in light of recent letters [from law enforcement organizations] on the subject:

The state law is clear right now: An employee in South Carolina can be fired at any time for any reason or for no reason, unless the firing violates federal laws, is in retaliation for filing a worker's compensation claim [or runs afoul of] a few other limited exceptions.

However, current law, as developed by the courts, holds an employer responsible for certain promises made in employee handbooks.

The new bill, among other things, takes away what limited protection employees currently have regarding employee handbooks. It specifically says the employer can ignore that handbook and not follow it. The way I read the new law, it gives employers a license to lie.

It is impossible to justify this bill unless you believe an employer should be able to fire an employee no matter what promises the employer has made to the employee in a handbook and regardless of how long the employee has worked for the employer. The employer can easily avoid any liability by not making any promises it does not intend to keep.

This law lets employers make promises with impunity, with no way for employees to enforce those promises. It's morally wrong.

[One] previous writer stated that the S.C. Trial Lawyers Association was "carefully following this legislation; it will be a [windfall] for their members." I am a proud member of the S.C. Trial Lawyers Association. We do not, I repeat, do not support this bill. It is an affront to basic rights of the people we represent. We don't represent big business; we represent small businesses and individuals. In fact, most of us are small-business [owners].

Most small businesses don't have the resources to print a handbook, and most small businesses don't make promises they don't intend to keep. This law protects big-business interests, make no mistake. I am against it, and trial lawyers are against it.

Please, let your legislators know that this bill has no redeeming qualities and should be defeated in its entirety. It is a legalized license to lie, and the state should not be in the business of legalizing dishonesty.


The writer lives in Myrtle Beach.




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