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COMMITTEE AMENDMENT AMENDED AND ADOPTED, AMENDED
March 4, 2003
H. 3448
S. Printed 3/4/03--S.
Read the first time February 5, 2003.
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.
Amend Title To Conform
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) For contracts created after the effective date of this section, an employee and an employer may enter into a contract of employment to which item (2) does not apply only 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 any rights as defined by a collective bargaining agreement or the constitutional and statutory rights of public employees. These rights may include applicable grievance procedures or a plan for the hearing and resolution of employee grievances adopted by a municipality or a county under Section 8-17-120 or an employee grievance procedure adopted by a state agency pursuant to the provisions of Section 8-17-330.
(6)(a) For purposes of this section, public policy includes, but is not limited to, the constitutional and statutory rights or obligations of any employee and the right of any employee to refuse to perform or participate in the performance of any illegal, immoral, or unethical act.
(b) Nothing in this section shall be construed to allow an employer to terminate an employee in violation of public policy.
(7) Nothing in this section shall be construed to affect the rights and policies regarding tenure for public and private college and university faculty.
(8) Nothing in this section shall affect the rights of employees of any school or school district who are not already covered by grievance procedures adopted and implemented by the district board of trustees, those rights being published by that district in an employee handbook."
SECTION 2. If a provision of this section or the application of a provision of this section to a person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this section which can be given effect without the invalid provision or application, and to this end, the provisions of this section are severable.
SECTION 3. This act takes effect upon approval by the Governor.
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