South Carolina Employment Consents Package
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FAQ
South Carolina employment law does not require companies to give severance packages. A company chooses to provide severance pay at its own discretion, and no two severance packages have to be the same.
The answer comes in two parts. The first part is that the only questions a reference should ever answer are ones about job performance ? and nothing else. The second part is a reference can say anything he or she wants to say ? as long as it is (1) true or (2) an honestly held opinion.
Under South Carolina Annotated Section 41-27-230(1)(b), the common law rules govern the determi- nation of an employer-employee relationship. The common law test focuses on whether the employer has the right to control the worker in the performance of his or her work.
Job References; S.C. Code Ann. Although employment references are generally privileged under the common law, employers have decided to give out no information other than that a particular employee was a former employee, the job title, the dates of employment, and sometimes salary information.
Disclosing the contents of an oral, telephone or electronic conversation obtained through illegal recording is a felony. S.C. Code § 17-30-20.
Employers are not prohibited by law from disclosing to a potential employer - who calls for a reference about a former employee - the reasons that the employee left, as long as the information they share is truthful.
There are no state or federal laws that prohibit an employer, a coworker, or anyone else from providing a poor reference for someone else. However, an employer may cross the line and face liability if he or she makes an untrue statement about an applicant's performance.
Federal law doesn't prohibit employers from sharing the reasons for terminating an employee. Some state laws regulate what employers can say about former employees. Check with the state department of labor for restrictions in your location.
