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.