South Carolina courts adhere to the employment at will doctrine, which provides that either party may terminate an employment agreement of indefinite duration at any time and for any or no reason. At will employment unquestionably gives employers flexibility in determining the composition of the workforce. However, an employer’s written documents or oral assurances can alter the at will relationship and create an employment contract if the employer uses mandatory terms that promise or guarantee future employment to employees.
Many of the forms contained in this guide use conspicuous at will language designed to help companies preserve at will rights. In addition to complying with South Carolina’s at will statute, § 41-1-110 of the Code of Laws of South Carolina, as amended (see An introduction),the following steps should be taken to maintain at will employment and prevent contractual liability:
Tell applicants during the interview that the open position is at will, explain what at will employment means and document the comments and responses.
Insert conspicuous disclaimers in all written materials that the company disseminates to job applicants, including position descriptions, job...
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