Best Employment Lawyers in North Charleston

FAQs

• What is the non-emergency contact number for the local police station in North Charleston, South Carolina?

  The non-emergency contact number for the North Charleston Police Department is (843) 743-7200. For police tips, you may also contact (843) 607-2076.

• Where can I get a copy of police reports for incidents related to my case in North Charleston, South Carolina?

  To get a copy of a police or accident report, you may visit the Records Office of the North Charleston Police Department located at 180 Lockwood Boulevard. You may also call (843) 577-7434 and Press 1 for assistance.

• What are the mandated leave laws applied for employees in North Charleston?

  Compared to many other states, South Carolina including the city of North Charleston have fewer laws governing mandatory leaves for private employees. Its current mandated leave laws can be used by employees needing to appear in court, those who have jury duties, and those who are serving in the military. Leaves are also offered for maternity purposes, crime victims, and those who will undergo bone marrow donation.

• What details can North Charleston employers reveal to a former worker's potential employer?

  Employers in North Charleston have the right to share written employee evaluations, information about how well employees performed on the job, salary history, starting and ending dates, and pay levels when requested. The law in South Carolina also protects employers from being held accountable for disclosing official personnel notices of separation and whether an employee was let go voluntarily or involuntarily.  

• How do you determine whether someone is an independent contractor or an employee in North Charleston?

  The four-factor test is used throughout South Carolina, including North Charleston, to distinguish between employees and independent contractors. The four factors include the employer's control over the worker's pay, provision of the job equipment needed, the work being done, and whether the employer has the right to fire the worker. The extent to which the employer has control over these variables will determine whether or not the worker is classified as an employee.

• What are the minimum requirements to be eligible for leave under the Family and Medical Leave Act in North Charleston?

  Employees in North Charleston must have worked for the company for at least a year and clocked 1,250 hours in order to be eligible for leave under the Family and Medical Leave Act. When a child is born, or adopted, or if you have a serious health condition, you are entitled to twelve work weeks of unpaid leave if you work for an employer that is covered by this policy as long as you give them sufficient notice.

• In North Charleston, is it mandatory for an employer to offer a severance package or pay?

  Employers in North Charleston are not required to provide severance pay upon an employee's termination from their job. However, most employers still provide one along with a separation agreement with their employees. This includes any financial compensation as well as non-economic terms such as a non-compete clause and the waiver of certain rights from suing the company.

• What does an employment attorney do?

  Employment attorneys represent workers, companies, unions, and advocacy groups. Their primary job is preventing and resolving disputes related to state and federal employment regulations as well as civil rights. They assist with the development of policies, including laws and employee handbooks, and they represent clients in court and during administrative hearings overseen by the U.S. Equal Employment Opportunity Commission and state-level labor agencies.

• How much should I ask for in a discrimination lawsuit?

  Employment-related claims are among the most complex and time-consuming lawsuits heard in the civil court system. Before workers can file a lawsuit, they must file a claim with the U.S. Equal Employment Opportunity Commission. Every year, the EEOC recovers $505 million for victims of workplace discrimination. When cases proceed to court, the average settlement is approximately $40,000. However, roughly 10% of claimants receive at least $1 million.

• How do I prove discrimination in the workplace?

  Discrimination lawsuits are typically based on an established pattern of behavior in the workplace. Employment attorneys who handle these claims generally advise clients to gather evidence and document all instances of discrimination, harassment, or abuse, as they occur. The following documents are often vital for proving workplace discrimination:

  • Personnel files
  • Payroll records
  • Employee handbooks
  • Diary or journal entries
  • Medical or mental health records
  • Reports from witnesses
  • Photos or video footage
  • Physical evidence

  
  

• Can I sue my company for a hostile work environment?

  Yes, offensive or unwelcome conduct that creates a hostile work environment and affects your terms of employment may give you reason to take legal action. However, rude or abusive behavior on its own isn’t illegal. It must also be tied to other legal issues, such as retaliation for reporting harassment or discrimination directed at members of a protected group.

• What is the EEOC?

  The EEOC is the U.S. Equal Employment Opportunity Commission. It's a federal agency tasked with helping to enforce laws concerning discrimination in the workplace. Not all employers are covered under the EEOC. Typically, you have to work for an organization with at least 15 employees or for a labor union or agency to be covered by EEOC protections.

• How do I report an abusive boss?

  If you believe you're being discriminated against, you have several options. First, follow internal reporting procedures with human resources or other leadership. You can also file a charge of discrimination with the EEOC. Talking to an employment attorney can help you understand your options and protect your interests.

• What laws protect employees from job discrimination?

  • The Civil Rights Act of 1964 provides employees with protection against discrimination based on a wide variety of factors, including national origin, sex, religion, race, and color.
  • The Age Discrimination Act of 1967 applies age to the protected class.
  • The Equal Pay Act of 1963 forbids sex-based compensation discrimination.
  • The Rehabilitation Act of 1973 makes it illegal to discriminate on the grounds of disability in terms of employment decisions.
  • The Civil Rights Act of 1991 adds more protection and power to the federal government to enforce some of these laws.

• How do I file a wrongful termination claim?

  You can file a wrongful termination claim with the EEOC online, via mail, or in person at various EEOC branch offices. You may be able to file a complaint with a state agency. To determine an appropriate plan of action and which organizations you can file with, speak to an employment lawyer.

• What is unfair treatment at work?

  Unfair treatment is not the same as unlawful treatment. There aren't laws against unfair treatment, which can include a boss who generally bullies people into action or someone who doesn't make fair decisions about time off because of nepotism or mood. Such issues may not constitute a claim for a court argument or allegation, unlike unjust judgments made on the grounds of race or age. An employment attorney can clarify if unfair treatment is also unlawful.

• What are some workers\' rights related to injury and illness?

  Employees have a variety of rights related to time off if they're injured or fall ill. For example, in workplaces covered by the Federal Medical Leave Act, workers are allowed to take up to 12 weeks off without losing their position in a company. The leave is unpaid unless PTO time can be used to cover it. Employees may also have rights to file a workers' comp claim if they're injured on the job. All of these laws cover different situations and types of employers, and an employment attorney can help you understand what rights you have.

• Can an employer force you to work?

  This is a gray area in some cases, which is why it may be a good idea to consult an employment lawyer if you have concerns about your workplace. According to the Occupational Safety and Health Administration , workers have a right to refuse to work in dangerous situations. But the burden of proof that this is, in fact, the case, can weigh heavily on the employee.