South Carolina Code 41-1-80. Prohibition against retaliation based upon employee’s institution of, or participation in, proceedings under Workers’ Compensation Law; civil actions
Any employer who violates any provision of this section is liable in a civil action for lost wages suffered by an employee as a result of the violation, and an employee discharged or demoted in violation of this section is entitled to be reinstated to his former position. The burden of proof is upon the employee.
Terms Used In South Carolina Code 41-1-80
- Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
- Testify: Answer questions in court.
Any employer shall have as an affirmative defense to this section the following: wilful or habitual tardiness or absence from work; being disorderly or intoxicated while at work; destruction of any of the employer’s property; failure to meet established employer work standards; malingering; embezzlement or larceny of the employer’s property; violating specific written company policy for which the action is a stated remedy of the violation.
The failure of an employer to continue to employ, either in employment or at the employee’s previous level of employment, an employee who receives compensation for total permanent disability, is in no manner to be considered a violation of this section.
The statute of limitations for actions under this section is one year.