The answer to this question is, it depends. When you want to file a wrongful termination lawsuit in South Carolina, you have a few options. If you are filing a civil claim under tort law, you have three years under the South Carolina Code of Laws § 15-3-350. South Carolina Human Affairs law, however, stipulates 300 days from the date of termination if the grounds are discrimination. If you file a complaint with the Equal Employment Opportunity Commission, you will have 180 days to file a wrongful termination complaint.
For lawsuits, you will have a little bit more time.
The key takeaway is if you feel you have been wrongfully terminated, start your action as early as you can. A South Carolina attorney can help you understand your rights, what to do about your situation, and how to file for damages. The kind of claim you are making will determine how long you have to file a wrongful termination.
Tort Claims – Civil Claims
A tort claim is a civil claim where you sue for damages for wrongful termination. You will have three years to file your claim. You can sue for economic damages such as lost wages, lost wages in the future, bonuses lost, commissions lost, and any medical bills if you incurred them.
You may also have other concerns related to your wrongful termination. These concerns may be emotional. For these, you can sue for pain and suffering, willful infliction of emotional distress, firing that violates public law, or even defamation.
Civil claims have a broader path to follow when you have been wrongfully terminated. It will depend on your unique situation.
A discrimination claim is much different and handled by South Carolina Human Affairs Commission or the EEOC. Your wrongful termination claim can be based on discrimination of a protected characteristic such as race, gender, color, religion, or national origin.
A discrimination claim is a human rights complaint that would be arguing that violations of federal law occurred. It is illegal to terminate any of these discriminations and retaliate against an employee who files a complaint. Keep any documentation that comes up during this. Having a lawyer representing you during this would help you significantly as well.
Sometimes a wrongful termination is a simple contract claim. It may not seem simple to you, but we can help you resolve that with any compensable damages you may be owed if a contract is breached.
The statute of limitations for contract claims falls under the South Carolina Code of Laws §15-3-350, which provides three years to file a claim.
Contact a Wrongful Termination Lawyer to Discuss Your Options
When you have been wrongfully terminated, it feels like the world is falling in. Fighting for your rights can help you get through this. At the Hopkins Law Firm, we can help you too. Call us at 843-314-4202 and book an appointment to review your case. You may be entitled to damages to compensate for this loss.
I don't like the termination package my boss gave me. Should I still sign it?
If you feel you have been wrongfully terminated, don't sign anything. That is an agreement which means you agree to be terminated. You won't have much standing if you try to sue. Show it to a lawyer and take your complaint from there.
I am a whistleblower. Can I be fired?
That is a violation of federal law. No, you can not. Call us, and we can help.
Can I be compensated for wrongful termination?
You can if you have grounds and a judge agrees with you. If you are successful, you can be compensated for lost wages, lost future wages, pain and suffering, and costs.