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Employment-related torts — South Carolina

In law, the term “tort” is used to refer to conduct that wrongfully causes harm to:

  • the body
  • mental wellbeing
  • reputation
  • property of another.

The South Carolina Workers’ Compensation Act covers most workplace torts. The remedies provided by that law are exclusive, which means an injured employee cannot sue the employer in court. Some torts, however, are not covered by workers’ compensation. These include the intentional (in contrast to merely negligent) conduct of the business owner.

Intentional infliction of emotional distress

As described by the courts, this tort involves conduct that is extreme and outrageous, exceeding all bounds of decency and is atrocious and utterly intolerable – conditions that may occur more often when the defendant is in a position of power over the plaintiff, as in the employer-employee relationship. Most terminated employees feel that they have been wronged, are angry about it and often allege that the employer intentionally inflicted emotional distress upon them. Although such claims can be difficult for plaintiff-employees to prove, employers should pay attention to how it conducts terminations.

Example - An employer...


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