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Indicates Matter Stricken
Indicates New Matter
AMENDED
February 3, 2004
H. 3448
S. Printed 1/3/04--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. (A) It is the public policy of this State that:
(1) Except as would be a violation of public policy provided in items 4, 5, and 10 of this section, the employment-at-will doctrine applies to the employment relationship between any employee and employer.
(2) Except as would be a violation of public policy as specifically enumerated in items 6, 7, 8, 9, and 11 of this section, 'employment-at-will doctrine' means 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.
(3) 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 implied covenant of good faith and fair dealing, or any other claim in which an express or implied contract is alleged.
(4) An employee and an employer may enter into a contract of employment to which the employment-at-will doctrine does not apply only if:
(a) the contract is in writing;
(b) the contract is dated;
(c) the contract expressly provides that the parties intend to alter their at-will employment relationship; and
(d) the contract is signed by the employee and either the owner, president, chief administrative officer of the employer, or a manager or other employee of the employer with actual or apparent authority to bind the employer. However, an owner, president, or chief administrative officer of an employer may revoke a contract signed by a manager or employee with apparent authority within five business days of the creation of the contract. Such five-business-day limitation on revocation shall not apply where there was fraud by the employee in the creation of the contract or where the employee had actual knowledge that the manager or employee had no authority to enter into the contract.
(5) No handbook, policy, procedure, or other document issued by an employer or its agent after June 30, 2004 may create an express or implied contract of employment except as provided in item (4).
(6) This section applies to both public and private employment but shall not be construed to affect any rights as established by a collective bargaining agreement or the constitutional or statutory rights of public employees. These constitutional or statutory rights of public employees may include applicable grievance procedures or a plan for the hearing and resolution of employee grievances adopted by a municipality or a county pursuant to Section 8-17-120 or an employee grievance procedure adopted by a state agency pursuant to the provisions of Section 8-17-330.
(7) No employer may terminate an employee:
(a) for refusing to perform or participate in the performance of any illegal act or any other act that would shock the conscience of the community where the employee is employed;
(b) in violation of Section 16-17-560; or
(c) in violation of any constitutional or applicable statutory law governing the workplace.
(8) This section shall not be construed to affect rights and policies regarding tenure for public and private college and university faculty.
(9) This section shall not be construed to 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.
(10) This section shall not be construed to affect any contract of employment created by an employee and employer prior to July 1, 2004.
(11) This section shall not be construed to affect the operation of a grievance procedure adopted by an employer and promulgated in an employee handbook. As used herein, a grievance procedure is a formal written process through which an employee may request internal review of an adverse employment decision."
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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