The Upstate Law Group offers dedicated and assertive
employment law guidance to South Carolina residents as has done so or more than a decade.
If you believe you were terminated for reasons that violate state or federal
laws such as those listed on this page, we may be able to help you regain your
employment and/or recover lost wages or other damages. We are prepared to litigate or settle employment law cases
arising out of virtually all employment situations including:
Family Medical Leave Act
FMLA is designed to help employees balance their work and family
responsibilities by allowing them to take reasonable unpaid leave for certain
family and medical reasons. It also seeks to accommodate the legitimate
interests of employers and promote equal employment opportunity for men and
women. It also requires that their group health benefits be maintained during the leave.
All covered employees are allowed up to at least 12 weeks of unpaid, job-protected leave
per year. Some companies use a method for calculating the “year” with a
“rolling calendar method.” It is illegal to
retaliate against an employee for taking protected leave under the Act.
Federal discrimination statutes contain provisions to protect employees who raise good faith
concerns about discrimination, as well as those who support other victims of discrimination.
Retaliation protections are important because they protect individuals, even if they were not
actually victims, as well as those who were not sufficiently harmed to warrant bringing a
discrimination claim. An employee need not prove that the discrimination about which he or she
complained (or supported a complaint) was an actual violation of the law. All an employee need show is that
he or she reasonably believed that the actions were a violation of the law.
Workers’ compensation benefits are provided to speed the
money to those who have been injured on the job, rather than delaying each case
through court. When both sides of the claim cooperate, this system enables you
get the compensation you are due quickly and without complication.
Overtime and Payment of Wages claims
Both state and federal laws provide protections for an employee’s right to receive compensation.
Federal law generally sets minimum standard for wages and payment of overtime, while state law
governs when and how employees are paid and provides additional remedies for situations in which
employers do not pay as promised.
One growing area of employment law involves disputes between an employer and a competing former employee.
Many employees who seek to compete with their current or former employer find themselves in trouble
because they fail to understand the full range of issues that arise.
For example, just because you believe your future job or business will not violate terms of a non-compete agreement,
doesn’t mean that you do not have to seriously consider whether you can operate, or have operated, without
using the employer’s “trade secrets.” ... more
Public Policy Wrongful Discharge Cases
This doctrine provides judicial relief to an employee who is terminated because he or she
refuses to carry out an illegal act as directed by his employer or the termination itself is
otherwise against public policy and there is no other remedy at law
Breach of Contract
Includes claims for commissions or breaches of employment contracts
Includes the negotiation of same.
The information you obtain at this site is not, nor is it intended to be, legal
advice. You should consult an attorney for advice regarding your individual
situation. We invite you to contact us and welcome your calls, letters and
electronic mail. Contacting us does not create an attorney-client relationship.
Please do not send any confidential or time-sensitive information to us until such time as an
attorney-client relationship has been established.