Wrongful Termination in South Carolina (2026): Laws, Deadlines, How to File

South Carolina is an at-will state, so a firing is wrongful only when it breaks a specific law or falls within the narrow public-policy exception the South Carolina Supreme Court recognized in Ludwick v. This Minute of Carolina, Inc. (1985). The main statute is the South Carolina Human Affairs Law, S.C. Code Title 1, Chapter 13.

Section 1-13-80(A)(1) makes it unlawful for an employer to "discharge from employment" any individual because of race, religion, color, sex, age, national origin or disability. The law covers employers with 15 or more employees, and a complaint to the South Carolina Human Affairs Commission is due within 180 days. To compare other states, see our guide to wrongful termination laws by state.

Information last verified on October 10, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers South Carolina law on firing employees: the Human Affairs Law (S.C. Code 1-13-10 et seq.), the public-policy exception and handbook rules from South Carolina court decisions and S.C. Code 41-1-110, the state employee whistleblower chapter (8-27), and the protective statutes in Title 41, Chapter 1, with short notes on the federal laws that also apply. The federal rules in full are on our wrongful termination laws by state guide. It does not cover severance agreements; see South Carolina severance pay laws.

Is South Carolina an at-will state?

Yes. Either side can usually end employment of no fixed term, and the exceptions are narrow: the statutes below, the public-policy exception, and contracts (including some handbooks). Our research found no South Carolina statute that requires just cause for private-sector firings. For how the doctrine works day to day, see South Carolina at-will employment laws.

Grounds for a wrongful termination claim in South Carolina

Discrimination under the Human Affairs Law

Section 1-13-80(A)(1) makes it an unlawful employment practice for an employer "to fail or refuse to hire, bar, discharge from employment, or otherwise discriminate against an individual with respect to the individual's compensation or terms, conditions, or privileges of employment because of the individual's race, religion, color, sex, age, national origin, or disability."

• Age means at least 40 (1-13-30(c)).
• National origin includes ancestry (1-13-30(b)).
• Pregnancy. Section 1-13-80(A)(4) adds a duty to accommodate pregnancy, childbirth and related medical conditions and bars adverse action on that basis (2018 Act 244, effective May 17, 2018).
• Lactation. S.C. Code 41-1-130 (2020 Act 141) bars discrimination against an employee for expressing breast milk in compliance with that section; complaints go through the 1-13-90 process.

Who is covered. Under 1-13-30(e), "Employer means any person who has fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year," plus that person's agents. Indian tribes and bona fide private membership clubs are excluded. "Person" includes the State, its agencies and local subdivisions (1-13-30(d)). Employers with fewer than 15 employees are outside the law.

Sexual orientation and gender identity. The Human Affairs Law does not list them. Federal Title VII does cover them at employers with 15 or more employees: in Bostock v. Clayton County, 590 U.S. 644 (2020), the U.S. Supreme Court held that "An employer who fires an individual merely for being gay or transgender violates Title VII." The EEOC charge deadline in South Carolina is 300 days (see below). A 2025 bill to add these classes to state law is pending and is not law (see recent changes). Our research did not review city or county ordinances in South Carolina.

Retaliation. Section 1-13-80(F) makes it unlawful to discriminate against an individual "because the individual has opposed a practice made an unlawful employment practice by this chapter or because the individual has made a charge, testified, assisted, or participated in an investigation, proceeding, or hearing under this chapter." Because age and disability are covered by the same chapter, this clause reaches retaliation over those claims too.

Federal Title VII and the ADA also start at 15 employees, and the federal age law at 20 (42 U.S.C. 2000e(b); 29 U.S.C. 630(b)).

The public-policy exception

In Ludwick v. This Minute of Carolina, Inc., 287 S.C. 219 (1985), a seamstress was fired for obeying a subpoena. The South Carolina Supreme Court held: "the public policy exception is invoked when an employer requires an at-will employee, as a condition of retaining employment, to violate the law."

Later cases explain its reach. In Lawson v. South Carolina Department of Corrections, 340 S.C. 346 (2000), the court said the exception "clearly applies in cases when an employer requires an employee to violate the law or the reason for the employee's termination was itself a violation of criminal law," and Barron v. Labor Finders of South Carolina, 393 S.C. 609 (2011), restated the same two categories. Barron added that an at-will employee "may have a cause of action for wrongful termination even if the discharge itself did not violate criminal law or the employer did not require the employee to violate the law."

South Carolina also makes it a misdemeanor to "discharge a citizen from employment or occupation" because of "political opinions or the exercise of political rights and privileges guaranteed to every citizen by the Constitution and laws of the United States or by the Constitution and laws of this State" (S.C. Code 16-17-560; a fine of not more than $1,000, imprisonment of not more than two years, or both). In Culler v. Blue Ridge Electric Cooperative, Inc., 309 S.C. 243 (1992), the Supreme Court said the public-policy exception "extends at least to legislatively defined 'Crime Against Public Policy,'" so an employee discharged for refusing to contribute to a political action fund "would have a cause of action for wrongful discharge under Ludwick and S.C. Code Ann. § 16-17-560." (On the facts, the trial judge had found that Culler was not fired for that reason.)

The statutory-remedy limit. Barron held that the exception "does not ... extend to situations where the employee has an existing statutory remedy for wrongful termination." In Dockins v. Ingles Markets, Inc., 306 S.C. 496 (1992), an employee fired for complaining under the federal Fair Labor Standards Act was limited to the FLSA's own remedy. So a firing covered by the Human Affairs Law or another statute with its own remedy generally has to be pursued under that statute, on its deadlines. In Stiles v. American General Life Insurance Co., 335 S.C. 222 (1999), the court held the exception is available to an employee whose at-will contract contains a notice provision, because a notice provision is not an alternate remedy.

Handbooks and implied contracts

A handbook or promise can change at-will status. In Small v. Springs Industries, Inc., 292 S.C. 481 (1987), the court upheld a jury's finding that a handbook, a bulletin and supervisors' oral assurances of a four-step discipline process before discharge created a contract that was breached (the judgment was reversed in part on damages). In Prescott v. Farmers Telephone Cooperative, 335 S.C. 330 (1999), the court said "the at-will status of an employee may be altered by an oral contract of definite employment," but the employee must prove every element of a contract; it reinstated summary judgment for the employer.

The disclaimer statute. Under S.C. Code 41-1-110, a handbook, manual or policy issued after June 30, 2004 "shall not create an express or implied contract of employment if it is conspicuously disclaimed." The disclaimer must be in underlined capital letters on the first page and, for a handbook, signed by the employee; whether it is conspicuous is a question of law for the court. In Hessenthaler v. Tri-County Sister Help, Inc., 365 S.C. 101 (2003), a handbook with a conspicuous disclaimer did not create a contract.

Good faith. In Hall v. UBS Financial Services Inc. (S.C. 2021), answering a certified question, the South Carolina Supreme Court held that the implied covenant of good faith and fair dealing "exists in an at-will employment contract; however, the employer's termination of the employee cannot form the basis of a claim that the employer breached the covenant of good faith and fair dealing." The employer "may fire the employee--even for a bad reason--without incurring liability for breach of the implied covenant."

Whistleblowing

South Carolina's whistleblower statute covers public employees only. Under S.C. Code 8-27-20(A), no public body may dismiss, suspend, demote or cut the pay of an employee "because the employee files a report with an appropriate authority of wrongdoing"; a report that is unfounded and not made in good faith can still lead to discipline.

The statute applies when the adverse action comes within one year after the employee timely reported the wrongdoing. The employee must first exhaust grievance or other administrative remedies, and any earlier proceeding must have found that the employee "would not have been disciplined but for the reporting of alleged wrongdoing" (8-27-30(A)). The nonjury civil action must then be brought within one year (8-27-30(B): "within one year after the accrual of the cause of action or exhaustion of all available grievance or other administrative and judicial remedies"). The court may award reinstatement, lost wages, actual damages "not to exceed $15,000," and attorney fees capped at $10,000 for trial and $5,000 for appeal (8-27-30(A)).

Our research found no general private-sector whistleblower statute (this rests on reading Title 41, Chapter 1 and Title 8, Chapter 27, not the whole code). Private workers rely on the public-policy exception where no statute supplies a remedy, on 1-13-80(F), on 41-1-80, and on federal law. More detail is on our South Carolina whistleblower laws page.

Other firing bans in South Carolina law

The workers' compensation statute lists employer defenses, including willful or habitual tardiness or absence, intoxication, destroying property, failing to meet established work standards, malingering, embezzlement, and violating a specific written company policy for which the action taken is the stated remedy. It does not require an employer to keep employing someone receiving permanent total disability compensation. For benefits, see South Carolina workers' compensation laws.

South Carolina's Payment of Wages Act (S.C. Code Title 41, Chapter 10) has no anti-retaliation section. The federal Fair Labor Standards Act bars firing an employee for filing a complaint or starting a proceeding under that Act (29 U.S.C. 215(a)(3)), and under Dockins (above) that federal remedy is the one to use. Our research did not review military-leave rules beyond the Guard statute, and it found no time-off-to-vote statute in the chapter it searched. South Carolina's concealed-weapons article preserves the right of a public or private employer to prohibit carrying a concealable weapon on its premises or "while using any machinery, vehicle, or equipment owned or operated by the business" (S.C. Code 23-31-220(A)(1)). Volunteer responder and false-claims protections were not reviewed. For those, contact the South Carolina Department of Labor, Licensing and Regulation or a lawyer. Federal law also applies: OSHA takes safety-retaliation complaints within 30 days (29 U.S.C. 660(c)(2)), and USERRA bars denying "retention in employment" because of military service (38 U.S.C. 4311(a)).

Deadlines for South Carolina wrongful termination claims

The EEOC says "the deadline usually applies to each event," so a demotion and a later firing can carry separate deadlines. Get legal advice promptly rather than relying on the outer edge of any period.

Where to file a discrimination complaint in South Carolina

The state agency. The South Carolina Human Affairs Commission (SCHAC) takes employment complaints. Under 1-13-90(a), a person "shall complain in writing under oath or affirmation to the Commission within one hundred eighty days after the alleged discriminatory practice occurred." SCHAC's page says you "may still file if more than 180 days have passed, but less than 300 days. Your complaint would then be transferred to the U. S. Equal Employment Opportunity Commission (EEOC) for processing." SCHAC also says its complaints are dual filed with the EEOC.

The EEOC. The EEOC's Atlanta, Charlotte, Greenville and Savannah offices all list South Carolina. Each says an individual has 300 days from the date of alleged harm to file a charge against an employer with 15 or more employees (race, color, national origin, sex, religion or disability), or 20 or more employees for age. Federal charges start through the EEOC Public Portal.

From the Commission to court

You cannot go straight to state court under the Human Affairs Law. Under 1-13-90(d)(6), you may bring "an action in equity against the respondent in circuit court" only if the Commission dismisses the charge, or if 180 days pass after filing without the Commission filing an action or entering a conciliation agreement to which you are a party.

The suit deadline is short and runs from the violation, not the Commission's decision: "The action must be brought within one year from the date of the violation alleged, or within one hundred twenty days from the date the complainant's charge is dismissed, whichever occurs earlier," unless the employer consents in writing to an extension.

Federal and state cases do not run side by side. Under 1-13-90(d)(8), no state action may be brought if an action on the same facts has been brought in federal court, and a state action "shall be promptly dismissed" if one is later brought in federal court. A federal Title VII or ADA suit requires an EEOC charge first, then suit within 90 days of the Notice of Right to Sue (42 U.S.C. 2000e-5(f)(1)). Our research did not establish whether an EEOC notice alone satisfies the state-law steps, so confirm with SCHAC or a lawyer before relying on one.

Public employers. Complaints against "a state agency or department or local subdivisions of a state agency or department" follow 1-13-90(c) instead: the Commission investigates, a panel of three commissioners may hold a hearing, and the panel may order reinstatement or back pay (not accruing more than two years before the charge) (1-13-90(c)(11), (16)). A party may ask the Commission to review its order within 14 days, and either party may appeal to the Administrative Law Court within 30 days after receiving notice of the order (1-13-90(c)(19)). Municipalities, counties, special purpose districts, school districts and local governments are handled under 1-13-90(d), the same procedure and lawsuit deadlines as private employers.

What a court can award under the Human Affairs Law

Relief under the state law is equitable. Under 1-13-90(d)(9), if the court finds an intentional violation it may enjoin the employer and order affirmative action, which may include reinstatement or hiring "with or without back pay," or other equitable relief.

• Back pay is limited. "Back pay liability shall not accrue from a date more than two years prior to the filing of a charge with the Commission," and interim earnings and unemployment compensation reduce it.
• No reinstatement or back pay if the reason was something else. The court may not order them if the person was discharged for a reason other than discrimination.
• No state damages or fee-shifting found. Our search of Chapter 13 found no provision for compensatory (emotional-distress) damages, punitive damages or attorney's fees.

Compensatory and punitive damages for job discrimination come from federal law, which caps them at $50,000 to $300,000 combined by employer size (42 U.S.C. 1981a(b)(3)); the hub explains them.

Constructive discharge

Our research did not open a South Carolina decision setting the test for constructive discharge (quitting because conditions became intolerable). Hessenthaler involved such an allegation but was decided on the handbook disclaimer. If you are thinking of resigning because of how you are being treated, get legal advice first.

Reason for firing, personnel files and final pay

Our research found no South Carolina statute requiring an employer to give a reason for a firing or to let employees inspect a personnel file (a reading of Title 41, Chapter 1 and Chapter 1-13, not a full code search). For when your last paycheck is due, see South Carolina final paycheck laws.

Recent changes to South Carolina law

The Legislature's online code, which it says is "current through the 2025 Session," shows no 2024 or 2025 act amending Chapter 1-13 or Title 41, Chapter 1; the history lines of 1-13-80, 1-13-90 and 41-1-130 end at 2018 Act 244, 2006 Act 387 and 2020 Act 141. Our research could not confirm whether any 2026 act changed these sections.

Pending, not law: 2025 H.3160, the Uniform Antidiscrimination Act, would amend the Human Affairs Law, including adding sexual orientation and gender identity according to its title. The official bill page shows it was introduced and referred to the House Judiciary Committee on January 14, 2025, with no later action.

Practical steps after a firing in South Carolina

Write down the dates, who said what, and the reason you were given, and keep copies of reviews, messages and pay records. Note the 180-day SCHAC deadline and the one-year state lawsuit limit, which runs from the violation itself.

If the employer offers money for a release, read it before signing: a release can give up the claims described here. Our South Carolina severance pay laws page covers those agreements, and the wrongful termination guide has more on preparing a claim.

Related

• Wrongful termination laws by state
• South Carolina at-will employment laws
• South Carolina whistleblower laws
• South Carolina workers' compensation laws
• South Carolina severance pay laws

Disclaimer: This article provides general legal information about South Carolina wrongful termination law (the Human Affairs Law, S.C. Code Title 1, Chapter 13; S.C. Code Title 41, Chapter 1; S.C. Code 8-27; and South Carolina court decisions) and the federal laws that apply in South Carolina. It is not legal advice. The information was verified on October 10, 2026. For advice about your situation, contact the South Carolina Human Affairs Commission, the EEOC, a legal aid office or a lawyer licensed in South Carolina.

Last updated: October 10, 2026.

Frequently Asked Questions

Can I sue for wrongful termination in South Carolina?

Only when the firing broke a specific law, such as the Human Affairs Law (S.C. Code 1-13-80) or 41-1-80, or falls within the public-policy exception, which applies mainly when an employer requires an employee to break the law or the firing itself violates criminal law (Ludwick, 1985; Barron, 2011).

How long do I have to file with the South Carolina Human Affairs Commission?

180 days after the discriminatory act (S.C. Code 1-13-90(a)). SCHAC says a complaint filed after 180 but before 300 days is transferred to the EEOC, whose South Carolina offices give 300 days for employers with 15 or more employees (20 or more for age).

What is the deadline to sue under the South Carolina Human Affairs Law?

One year from the date of the violation, or 120 days after the charge is dismissed, whichever comes first, unless the employer agrees in writing to extend it (S.C. Code 1-13-90(d)(6)).

Does South Carolina's discrimination law cover small employers?

No. It covers employers with 15 or more employees in each of 20 or more calendar weeks (S.C. Code 1-13-30(e)), the same threshold as federal Title VII.

Is sexual orientation or gender identity protected from firing in South Carolina?

The state Human Affairs Law does not list them, and a 2025 bill to add them (H.3160) is pending, not law. Federal Title VII covers them at employers with 15 or more employees under Bostock v. Clayton County (2020), with a 300-day EEOC charge deadline in South Carolina.

Can I get emotional-distress or punitive damages under South Carolina's discrimination law?

Our research found no provision for them in Chapter 13; the state action is an action in equity, with back pay limited to two years before the charge (1-13-90(d)(9)). Federal law allows capped compensatory and punitive damages (42 U.S.C. 1981a(b)(3)).

Is it illegal to fire someone for filing workers' comp in South Carolina?

Yes. S.C. Code 41-1-80 bars discharge or demotion for instituting or testifying in a workers' compensation proceeding in good faith, allows lost wages and reinstatement, and sets a one-year deadline.

Does an employee handbook create a contract in South Carolina?

It can (Small v. Springs Industries, 1987), but under S.C. Code 41-1-110 a handbook issued after June 30, 2004 does not create a contract if it carries a conspicuous disclaimer in underlined capital letters on the first page, signed by the employee.

Does South Carolina have a whistleblower law for private employees?

Our research found no general private-sector whistleblower statute. Narrower laws protect private employees who file workplace-safety complaints (S.C. Code 41-15-510; complaint to the Department of Labor, Licensing and Regulation within 30 days, 41-15-520) or who are fired for a reason that is itself a crime. The whistleblower statute, S.C. Code 8-27, covers public employees, with a one-year deadline after exhausting grievances and actual damages capped at $15,000.