South Carolina Code 41-1-70. Liability of employer for dismissal or demotion of employee who complies with subpoena or serves on jury
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Any employer who dismisses or demotes an employee because the employee complies with a valid subpoena to testify in a court proceeding or administrative proceeding or to serve on a jury of any court is subject to a civil action in the circuit court for damages caused by the dismissal or demotion.
Damages for dismissal are limited to no more than one year’s salary or fifty-two weeks of wages based on a forty-hour week in the amount the employee was receiving at the time of receipt of the subpoena.
Terms Used In South Carolina Code 41-1-70
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Subpoena: A command to a witness to appear and give testimony.
- Testify: Answer questions in court.
Damages for demotion are limited to the difference for one year between the salary or wages based on a forty-hour week which the employee received before the demotion and the amount he receives after the demotion.