Termination — South Carolina

As with the rest of the employment relationship, termination requires careful thought and planning. Before terminating an employee, the employer must first determine that the discharge is legal and defensible. This determination should involve a thorough review of the facts, relevant policies, past practice and other legal issues. Despite the at-will nature of most employment in South Carolina, having a good reason for terminating an employee is necessary to the defense of an employment discrimination claim. Once that critical requirement is satisfied, the employer must then prepare for the termination. Some ways to prepare are:

• Cool down – terminations are never easy and there are many legal pitfalls to avoid. The termination meeting is, thus, no time for anger, particularly when it might result in abrupt or callous treatment of a soon to be ex-employee.

• Prepare the paperwork – South Carolina law requires prompt payment to an employee at the end of the employment relationship. If possible, have the employee’s final paycheck available at the termination. In addition, prepare any necessary separation forms, such as COBRA notification.

• Decide what to say – the individual in charge of the...
  
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