Legal Question in Employment Law in South Carolina

Wrongful Termination

I was employed as an RN for eight years . Three years ago i was involved in an auto accident and sustained a head injury that affected my short term memory. Some of my cognitive skils were also reduced ie. I was not as fast as i was in calculations etc.Prior to my accident I was part of a team that responded to areas in the intensive care units when there were shortfalls. My supervisor at that time advised me that this high stress job seemed to be to much for me after the accident.She got me transfered to Pediatric Truama and told me that if that did not work out I would be moved to another area. After six weeks I came to work and was told without any warning that I had been terminated. I was also informed at that time that I would not be allowed to grieve this action because I had been classified as a probationary employee when I was transfered and that my eight years of prior service provided meant nothing.During all my years of employment my salary was always from the same entity.Is it legal for an employer to just reclassify me as probationary even after eight years of service? . Thank You


Asked on 7/21/01, 4:07 pm

1 Answer from Attorneys
Charles Griffin Law Offices of The Griffin Firm, LLC

Re: Wrongful Termination

South Carolina is at "at will" state which means that basically your emmployment can be terminated by either party at any time, with or without notice and for any reason. There are some constraints on this doctrine though, such as Federal and State Discrimination laws, etc. Also, if you are working under a contract of employment, the terms of your employment contract would govern your situation. An employee handbook, policy and procedure manual, etc. may constitute such a contract of employment. Also, if you are disabled due to your injury and your disability falls within the Americans with Disabilities Act, the employer may not take certain action against you. There are a lot of questions that need to be answered here, so if you want to give me a call (1-864-231-8870) I might be able to assist you better.

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Answered on 7/23/01, 1:02 pm


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