WRONGFUL TERMINATION DEMAND LETTER

South Carolina Law

[ATTORNEY/FIRM LETTERHEAD]

[Firm Name]
[Address Line 1]
[City, State ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[South Carolina Bar No.]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND VIA EMAIL TO: [recipient_email]

[Date]

[Employer Contact Name]
[Title]
[Company Legal Name]
[Company Address]
[City, State ZIP]

Re: Wrongful Termination of [Client Full Name]
Former Position: [Job Title]
Dates of Employment: [Start Date] through [Termination Date]
CONFIDENTIAL SETTLEMENT COMMUNICATION - S.C. R. EVID. 408

Dear [Mr./Ms./Mx. Last Name]:

This firm represents [Client Full Name] ("our client") regarding [his/her/their] wrongful termination from employment with [Company Legal Name] ("[Company Short Name]") on [Termination Date]. Please direct all further communications to our office.

We write to demand immediate action to remedy the unlawful termination and to resolve this matter short of litigation. [Company Short Name]'s termination of our client violates South Carolina law and exposes the Company to substantial liability.

I. SOUTH CAROLINA EMPLOYMENT LAW FRAMEWORK

A. At-Will Employment and Its Exceptions

South Carolina strongly adheres to the employment-at-will doctrine. See Ludwick v. This Minute of Carolina, Inc., 337 S.E.2d 213 (S.C. 1985). However, South Carolina courts recognize limited exceptions:

1. Public Policy Exception

South Carolina recognizes a narrow public policy exception. See Ludwick v. This Minute of Carolina, Inc., 337 S.E.2d 213 (S.C. 1985).

The exception applies when termination:
- Violates clear mandate of public policy
- Requires refusal to violate statutory law
- Punishes exercise of statutory rights

See also Barron v. Labor Finders of S.C., 713 S.E.2d 634 (S.C. 2011).

2. Workers' Compensation Retaliation

S.C. Code Ann. 41-1-80 prohibits retaliation for filing workers' compensation claims.

3. Implied Contract (Very Limited)

South Carolina courts have been reluctant to recognize implied contracts from handbooks. See Small v. Springs Indus., Inc., 357 S.E.2d 452 (S.C. 1987).

B. Key South Carolina Statutes

South Carolina Human Affairs Law (S.C. Code Ann. 1-13-10 et seq.)
- Prohibits discrimination based on race, religion, color, sex, age (40+), national origin, disability
- Covers employers with 15+ employees
- 180-day filing deadline with SCHAC

Workers' Compensation Retaliation (S.C. Code Ann. 41-1-80)
- Prohibits discharge for filing workers' compensation claim
- Provides for civil action with treble damages

Whistleblower Protection (S.C. Code Ann. 8-27-10 et seq.)
- Protects public employees who report wrongdoing
- Limited to public sector

II. FACTUAL BACKGROUND

A. Employment History

[Client Full Name] was employed by [Company Short Name] from [Start Date] through [Termination Date] as a [Job Title] in [City], South Carolina.

Employment Summary:

Our client was a dedicated employee with an excellent performance record:
- [Describe positive performance history]
- [Describe promotions, raises, commendations]
- [Describe any relevant achievements]

B. The Protected Activity / Triggering Event

On or about [Date], our client [describe protected activity]:

• Refused to violate South Carolina or federal law by [describe illegal act requested]
• Filed a workers' compensation claim under S.C. Code Ann. 41-1-80
• Filed a complaint with the South Carolina Human Affairs Commission
• Exercised rights under [specific statute]
• [Other protected activity]

C. The Wrongful Termination

On [Termination Date], [Company Short Name] terminated our client, purportedly for [stated reason]. This stated reason is pretextual, as evidenced by:

1. Temporal proximity: The termination occurred just [X days/weeks] after the protected activity
2. Prior positive treatment: Our client had [no prior discipline / positive reviews / recent promotion]
3. Disparate treatment: Similarly situated employees who did not engage in protected activity were [not terminated / treated more favorably]
4. Shifting explanations: [Describe any inconsistent reasons given]
5. Direct evidence: [Describe any statements indicating true motive]

III. LEGAL CLAIMS UNDER SOUTH CAROLINA LAW

A. Retaliatory Discharge - Workers' Compensation (S.C. Code Ann. 41-1-80)

[If applicable:] South Carolina Code Ann. 41-1-80 provides:

"No employer may discharge or demote any employee because the employee has instituted or caused to be instituted, in good faith, any proceeding under the South Carolina Workers' Compensation Law..."

Our client filed a workers' compensation claim on [Date] for [injury]. [Company Short Name] terminated our client in retaliation for exercising this statutory right.

Remedies under 41-1-80:
- Treble damages (three times actual damages)
- Attorney's fees
- Court costs

See Hinton v. Designer Ensembles, Inc., 343 S.E.2d 601 (S.C. 1986).

B. Wrongful Termination in Violation of Public Policy

[Company Short Name] terminated our client in violation of South Carolina's public policy against [describe the public policy violated]:

Source of Public Policy: [Cite South Carolina statute, constitutional provision, or court decision]

Under Ludwick v. This Minute of Carolina, Inc., 337 S.E.2d 213 (S.C. 1985), South Carolina recognizes a cause of action when an employee is terminated for:
- Refusing to violate statutory law
- Exercising a statutory right

The public policy must be:
1. Clear and well-established
2. Grounded in statutory or constitutional law
3. Related to a matter of significant public interest

See also Barron v. Labor Finders of S.C., 713 S.E.2d 634 (S.C. 2011).

C. Violation of South Carolina Human Affairs Law (S.C. Code Ann. 1-13-10 et seq.)

[If applicable:] [Company Short Name]'s termination was motivated by discrimination based on [protected characteristic].

The Human Affairs Law prohibits employment discrimination based on race, religion, color, sex, age (40+), national origin, and disability.

Remedies:
- Back pay
- Compensatory damages
- Punitive damages (subject to caps)
- Reinstatement
- Reasonable attorney's fees

D. Breach of Express Contract

[If applicable:] [Company Short Name] breached an express contract regarding terms and conditions of employment.

Evidence of contract:
- Written employment agreement stating [quote relevant language]
- Specific written promises regarding [describe terms]

Note: South Carolina courts do not generally recognize implied contracts from employee handbooks.

IV. DAMAGES

A. Economic Damages

1. Back Pay

2. Lost Benefits

3. Front Pay

B. Compensatory Damages (Non-Economic)

Our client has suffered severe emotional distress:
- [Describe anxiety, depression, humiliation]
- [Describe impact on health and relationships]
- [Describe medical treatment sought]

Emotional distress damages: $[Amount]

C. Treble/Punitive Damages

Under S.C. Code Ann. 41-1-80 (workers' compensation retaliation), treble damages are available.

[Company Short Name]'s conduct warrants enhanced damages.

Treble/Punitive damages: $[Amount]

D. Attorney's Fees

Under S.C. Code Ann. 41-1-80 and the Human Affairs Law, our client is entitled to reasonable attorney's fees.

Estimated fees through trial: $[Amount]

E. Summary of Damages

V. SETTLEMENT DEMAND

We demand that [Company Short Name] pay $[Settlement Demand Amount] in full settlement of all claims.

Additional Terms:
- Neutral reference (dates and position only)
- No contest to unemployment benefits
- Expungement of personnel file
- Mutual non-disparagement
- Confidentiality (terms to be negotiated)

VI. RESPONSE DEADLINE

Please respond within fourteen (14) calendar days, no later than [Response Deadline Date].

If we do not receive a satisfactory response, we are authorized to file suit in the [Court of Common Pleas for [County] County, South Carolina / United States District Court for the District of South Carolina] without further notice.

Causes of Action:
1. Retaliatory Discharge in Violation of S.C. Code Ann. 41-1-80
2. Wrongful Termination in Violation of Public Policy
3. Violation of South Carolina Human Affairs Law (S.C. Code Ann. 1-13-10 et seq.)
4. [Other claims as applicable]

VII. DOCUMENT PRESERVATION

Immediately implement a litigation hold to preserve all relevant documents and ESI regarding our client's employment, performance, and termination.

VIII. CONFIDENTIALITY

This letter is protected by South Carolina Rule of Evidence 408 and constitutes a confidential settlement communication.

Sincerely,

[Attorney Name]
[Title]
[Firm Name]
[South Carolina Bar No.]

Enclosures:
- Authorization to Represent

cc: [Client Name]
[File]

SOUTH CAROLINA-SPECIFIC PRACTICE NOTES (Do Not Include in Final Letter)

Key South Carolina Considerations

• South Carolina is a strong at-will state with very limited exceptions
• Public policy exception requires clear statutory or constitutional basis
• Workers' compensation retaliation provides treble damages - strong claim
• Human Affairs Law mirrors Title VII with similar caps
• South Carolina does not recognize implied contracts from handbooks
• South Carolina Human Affairs Commission (SCHAC) handles discrimination
• 180-day filing deadline with SCHAC
• South Carolina is a deferral state - 300-day EEOC deadline
• Whistleblower statute limited to public employees

Venue Options

• South Carolina Court of Common Pleas (general jurisdiction)
• Federal Court (if federal claims or diversity jurisdiction)
• Administrative: SCHAC for discrimination claims

Statute of Limitations

Key South Carolina Cases

• Ludwick v. This Minute of Carolina, Inc., 337 S.E.2d 213 (S.C. 1985) (public policy exception)
• Barron v. Labor Finders of S.C., 713 S.E.2d 634 (S.C. 2011) (public policy scope)
• Hinton v. Designer Ensembles, Inc., 343 S.E.2d 601 (S.C. 1986) (WC retaliation)
• Small v. Springs Indus., Inc., 357 S.E.2d 452 (S.C. 1987) (handbook limitations)
• Culler v. Blue Ridge Elec. Coop., Inc., 422 S.E.2d 91 (S.C. 1992) (public policy elements)