South Carolina General Assembly
115th Session, 2003-2004

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Bill 3448

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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

INTRODUCED

January 29, 2003

H. 3448

Introduced by Labor, Commerce and Industry Committee

S. Printed 1/29/03--H.

Read the first time January 29, 2003.

            

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-110 SO AS TO AFFIRM THE AT-WILL NATURE OF EMPLOYMENT RELATIONSHIPS IN SOUTH CAROLINA AND TO PROVIDE A SPECIFIC MANNER BY WHICH TO CREATE EMPLOYMENT RELATIONSHIPS GOVERNED BY AN EXPRESS CONTRACT.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Chapter 1, Title 41 of the 1976 Code is amended by adding:

"Section 41-1-110.    It is the public policy of this State that:

(1)    The employment-at-will doctrine applies to the relationship between an employee and an employer.

(2)    As used in this chapter, the term 'employment-at-will doctrine' is specifically defined as the right of an employee or an employer to terminate the employment relationship with or without notice to the other and with or without cause, except as provided in item (4). If an employee or an employer terminates an employment relationship under the employment-at-will doctrine, then neither party will be liable to the other for any claim for wrongful termination based on breach of contract, breach of the implied covenant of good faith and fair dealing, or any other claim in which an express or implied contract is alleged.

(3)    No handbook, policy, procedure, or other document issued by an employer or its agent may form an express or implied contract of employment, except as described in item (4).

(4)    An employee and an employer may enter into a contract of employment to which item (2) does not apply if:

(a)    the contract is in writing;

(b)    the contract is signed by the employee and an authorized agent of the employer; and

(c)    the contract expressly provides that the parties intend to alter their at-will employment relationship.

(5)    This section applies to both public and private employment. However, nothing in this section shall be construed to affect the rights of employees and employers as defined by a collective bargaining agreement or the constitutional or statutory rights of public employees under applicable grievance procedures.

(6) Nothing in this section shall be construed to allow an employer to terminate an employee in violation of public policy."

SECTION    2.    This act takes effect upon approval by the Governor.

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