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While multimillion awards are possible, it is crucial to keep in mind that federal laws limit the amount of punitive and compensatory damages awarded in cases involving wrongful termination. They cannot exceed $50,000 ? $300,000, depending on the number of employees working for the employer's business.
In South Carolina, it is illegal for an employer to fire you while you are on workers' compensation. Employers must keep injured workers on staff through the period granted for a workers' compensation claim, so they can have the time they need for medical treatment and recovery.
Section 67-414 - Status Report and Compensation Receipt A. After payment of all compensation the employer's representative shall file with the Commission's Claims Department a Form 19, Status Report and Compensation Receipt, as provided in Section C below.
Under South Carolina law, employees are entitled to certain leaves or time off, including maternity leave, crime victim leave, volunteer emergency responder leave, quarantine/isolation leave and bone marrow donation leave.
If you think you were wrongfully terminated, you should first consult an experienced employment lawyer. A lawyer can help you understand your rights and determine the best course of action. You may also be able to file a complaint with the California Department of Fair Employment and Housing..
If you feel you were wrongfully fired for no reason, to win a wrongful termination case, you first must prove that your employer's reason for termination was illegal, whether that be motivated by discrimination, breach of contract, retaliation, or the filing of a workers' compensation claim.
If you've been unlawfully discharged from your position, you are within your rights to file a lawsuit against your employer.
Section 67-215 - Motions A. This regulation governs motions practice at all levels of proceedings before the Commission. A party may file a motion when a form is not applicable.