Employment Lawyer – South Carolina
Consider an employment lawyer Who has worked on all types of employment disputes, from pre-suit through appeals.
We’ve Been Accused of Thriving Off Of Complex Legal Cases
Businesses and employees throughout South Carolina turn to Gaffney Lewis, LLC when they’re involved in one or more types of employment disputes:
- Pay claims
- Sexual harassment claims
- Unlawful discrimination claims
- Wrongful discharge/termination
- Defamation claims
In addition, we can assist with negotiating, drafting, reviewing, and defending employment agreements, separation/severance agreements and non-compete/non-solicitation agreements.
Defending Your Rights Is Our Business
We have handled complaints on behalf of individuals or collective groups alleging workplace wrongs and secured positive results for individual clients throughout South Carolina.
Common Questions About Employment Law
Just what does an employment lawyer do?
In short, employment lawyers advise both employees and employers on legal standards set by local, state or federal government.
If I am an employee, when should I hire an employment lawyer?
In general, you should contact an employment attorney in any of the following situations:
- You have been harassed, discriminated against, or retaliated against by your employer.
- You were terminated or fired from employment and the termination was illegal.
- You are being forced to sign an agreement waiving rights you are entitled to.
- The employer has violated state or federal laws created to protect employees.
- Your employer has not given the benefits that you are entitled to under your employment contract.
If you are unsure if your rights have been violated then it’s best to speak with an employment lawyer to discuss your situation as soon as possible.
If I am the employer, when should I hire an employment lawyer?
In general, you should contact an employment lawyer if:
- An employee has filed a complaint for discrimination or harassment against you.
- When an employee has brought a cause of action against you.
- You plan on laying off or firing a large number of employees, terminating an employee benefits program or change the current pension plan currently offered by your company.
Not to mention, an employment lawyer can also assist with reviewing or preparing employee contracts and agreements.
How do you know if someone has been wrongfully terminated?
Here are some of the reasons a person may be wrongfully terminated:
- If there is a contract in place that promises job security, there may be a strong argument that an employee is not an at-will employee.
- Another exception to argue against at-will employment is if a contract is implied based on things an employer said and or did.
- If an employee was mislead or treated unfairly then there may be a claim for a breach of duty of good faith and fair dealing.
- It is illegal to fire an employee for reasons that would violate public policy.
- Employees may not be fired for discrimination which includes race, color, gender, religion, age, disability, pregnancy or genetic information. If you feel you’ve been fired for discrimination speak with an employment lawyer immediately.
Some additional reasons that may meet the criteria for wrongful termination are fraud, defamation, and whistle blowing violations.
How do non-compete agreements work in SC?
In general, non-compete agreements are disfavored in South Carolina. However, there are certain times when the courts will uphold such agreement which include, but are not limited to the following questions:
- Is the agreement necessary to protect the interests of the employer.
- Are the constraints reasonable in terms of geography and time span.
- Will the constraints oppress or harm the employees ability to earn a living.
- Was something of value exchanged in return for the promise or service of the other party.
- Is the agreement in alignment with public policy.
Ruling on non-compete agreements can vary substantially and are often unique to the circumstances surrounding the case. In most cases, it’s best
to retain the services of an employment lawyer.
Employment Lawyers Assist With Conflict Resolution
Whether you are the employee or the employer we have worked on both sides of a dispute to provide representation that is always in the best interest of the client.
Litigation isn’t the only option. Sometimes it makes more sense to resolve issues outside of the courtroom. In this case the employment lawyers at Gaffney Lewis, LLC will gather all of the facts surrounding a case, and based on those facts employees or employers can determine if litigation is appropriate, or if early resolution is the best course of action.
Our ADR (alternative dispute resolution) team has assisted parties throughout SC as they’ve mediated a wide range of employment cases. Our years of experience, coupled with our insight from handling cases from both the plaintiff’s and the defense sides, gives us the ability to evaluate cases and facilitate settlements based on mutual reciprocity.
Ready to Speak With an Attorney?
If you’re facing a legal dispute and would like to consider an alternative to the traditional court process.
WHAT PEOPLE ARE SAYING
Workplace stability requires sound, clear labor law advice and Gaffney Lewis delivers. From participating in employee trainings to specific counsel on employment matters, we always receive quality balanced advice, that is easy to understand, in a timely affordable fashion. Our company and employees are beneficiaries of Gaffney Lewis’ expertise and professionalism.
I really enjoyed working with Amy. She was recommended to me by another client and I definitely see why. Once I had her on my side, I felt so confident in her skill and trusted her wholly. She helped resolve my case peacefully and professionally, and I am so grateful for her help. I highly recommend her services. Thank you again Amy!
I cannot thank Gaffney Lewis enough for their legal guidance. This law firm has handled both my employment and personal injury cases with a professionalism that is hard to find in today’s business world. Amy keeps things simple to understand and is straightforward in her approach. I would not hesitate to recommend Gaffney Lewis to anyone who asked about this law firm.
* The Rules of Professional Conduct require disclosure that this is a “Testimonial” about the attorney. Please be aware that any result achieved on behalf of one client in one matter does not necessarily indicate similar results can be obtained for other clients.