Legal Question in Employment Law in South Carolina

Was I wrongfully terminated?

I was fired on January 21, 2008 for sending provocative pictures to a co-worker back in August or so. My boss told me that the corporate office left it up to him to make the final decision, and he decided to let me go. I sent these pictures from my phone to his work e-mail because he asked me to. The co-worker was not fired. Was this a wrongful termination?


Asked on 1/24/08, 4:48 pm

1 Answer from Attorneys

Sheryl Schelin Law Office of Sheryl Schelin

Re: Was I wrongfully terminated?

Short answer: probably not.

In South Carolina, as in most states, the general rule is "employment at will" - absent an express employment contract that provides otherwise, the employee may be terminated -- or may quit -- at any time, for any reason or no reason at all. However, termination for an improper reason is not allowed; Title VII, the Americans with Disabilities Act, and Age Discrimination in Employment Act are just three examples of laws that provide for "improper" reasons (on the basis of gender, race, national origin, or religion; disability; or age, respectively).

The mere fact that the coworker who induced the improper email to be sent was not also terminated doesn't turn an otherwise allowable termination under the at-will doctrine into an impermissible one (although it does seem unfair -- the law, however, doesn't require fairness across the board).

Now, if there is a suggestion of something else at work - i.e., the other worker was white and you are a minority, or the other worker was 25 and you're over 40 with an otherwise spotless record, etc. -- there could well be a cause of action that would be appropriate against the employer on the basis of the "something else" (assuming, that is, that there's a law providing protection against termination on those grounds). It just depends on the facts.

If you think this is the case, seek a consultation with an employment attorney who represents plaintiffs in your area as soon as possible. Certain time deadlines can negatively impact your case if not adhered to.

Otherwise, chalk it up to a hard lesson learned, and in the future restrict email to work-appropriate uses from now on.

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Answered on 1/24/08, 5:59 pm


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