Bluffton Employment Litigation Attorneys
Experienced Guidance in Hilton Head, South Carolina
You deserve to work in a safe and respectful work environment. Unfortunately, many employees throughout South Carolina routinely deal with employer misconduct. Some are even retaliated against for raising legitimate issues or fired on discriminatory grounds. Going up against your current or former employer can be intimidating, but doing so can help you recover compensation.
Our Bluffton employment litigation lawyers at Horton & Goodman, LLC are committed to helping you hold your employer accountable for unlawful behavior. If you have been wrongfully terminated, retaliated against, discriminated against, or subject to a hostile work environment, our team can help you explore your legal options. We also represent South Carolina employers in employment matters that require litigation.
Legal Services for Employees in South Carolina
Successful employment lawsuits can help you recover damages. If you were wrongfully terminated, this may include the reinstatement of your job with back pay. In other cases, you can potentially recover compensation for owed wages, punitive damages, legal fees, and physical or emotional suffering. We can assess your situation and determine whether you have a case.
Our Bluffton employment litigation attorneys can assist you with:
- Though South Carolina is an “at-will” employment state, an employer still cannot fire you under certain conditions. Employers may not terminate employees on discriminatory or retaliatory grounds. This means that, among other things, you cannot be fired for raising a workplace safety issue, refusing to perform an unlawful act, filing a wage claim, or requesting a reasonable accommodation.
- An employer will often retaliate against a worker by wrongfully terminating them, but retaliation can also take other forms. Retaliatory acts include demotions, reductions in hours, and continued assignment of unfavorable hours or tasks.
- Your employer is legally required to pay you on time and for all of the time that you worked, including overtime wages as applicable. We often work with restaurant workers and can help you recover withheld wages that you are owed.
Hostile Work Environments
- A hostile work environment refers to any workplace where one or more forms of harassmentregularly interfere with an employee’s ability to do their job. Employers have a legal responsibility to prevent these toxic environments from developing and meaningfully address any complaints that arise.
- An employer cannot discriminate against a worker on the basis of their age, race, religion, nationality, sexual orientation, gender identity, familial status, pregnancy status, or disability. Discriminatory acts include demotions, unfavorable work assignments, being passed over for promotions, and being excluded from company communications and events.
Failure to Provide Reasonable Accommodations
- Employees with physical and mental disabilities have the legal right to request reasonable accommodations from their employers. Employers are required to provide these accommodations unless enacting them would represent an “undue hardship.” Many employers unlawfully refuse to consider reasonable accommodations.
Failure to Allow Protected Leave
- When qualifying employees have worked for a company for at least 1 year, they generally have the right to take up to 2 weeks of protected, unpaid leave for family and medical reasons. Some employers will refuse to honor this protected leave or will wrongfully terminate employees who elect to take it.
Legal Services for Employers in South Carolina
Employers that are looking to terminate, discipline, or demote an underperforming employee can sometimes face unfounded allegations of discrimination, retaliation, or wrongful termination. Though South Carolina is an at-will employment state, there are some former employees who will look to pursue legal action if they are convinced that they can build a case.
Our legal team can advise employers on how to safely and lawfully navigate delicate issues of employee termination. We can assess factors surrounding an employee and flag potential issues that could unwittingly trigger suspicions of misconduct and threats of legal action. Our firm regularly represents employers that are facing unsubstantiated lawsuits involving wrongful termination, retaliation, and other misconduct and can provide an aggressive and sophisticated defense.
Business Divorce Services
Disputes between partners in a business can be common. In many cases, these conflicts are temporary and can be efficiently managed. In other situations, problems can become unresolvable and consequently imperil the venture.
A formal business divorce is often challenging if all partners involved are not willing to dissolve the enterprise. More often, a “business divorce” will consist of pursuing litigation against one or more partners. The specifics of the legislation will depend on the unique factors in each case.
Many times, business divorce litigation will involve allegations of breach of contract or breach of fiduciary duty. We can exhaustively review all relevant formation documents, partnership agreements, bylaws, stockholder agreements, or voting agreements to determine your rights and legal options when navigating a protracted dispute.
If all parties agree to dissolve a business, we can help facilitate the legal divorce process. Should litigation prove necessary, we can aggressively represent your interests and do everything possible to secure a favorable outcome.