Defending Employers From the First Charge Through Trial
Bettis Law Group, LLP defends South Carolina employers, and only employers, in employment litigation: discrimination, harassment and retaliation claims under Title VII, the ADA, the ADEA and the South Carolina Human Affairs Law; wage and hour suits under the FLSA and the South Carolina Payment of Wages Act, including collective actions; and wrongful-termination claims, from the agency charge through state and federal court.
We defend employers large and small, private and public, before the EEOC and the South Carolina Human Affairs Commission, in government wage and hour investigations, and in state and federal court across South Carolina. When prevention is not possible, we aim for an effective and efficient resolution, with the cost of the defense in view from the start.
Claims We Defend
For non-compete disputes, see our article on whether non-competes are enforceable in South Carolina; wrongful-termination claims are covered below.
Discrimination and Harassment
We defend discrimination and harassment claims based on race, color, religion, sex, national origin, age, disability and pregnancy, including claims brought by members of a majority group. In Ames v. Ohio Department of Youth Services (2025), the U.S. Supreme Court rejected a heightened “background circumstances” burden for majority-group plaintiffs under Title VII. A hostile-work-environment claim requires conduct severe or pervasive enough to alter the conditions of employment. See our harassment and discrimination defense page.
Retaliation
Retaliation is the basis most often alleged in EEOC charges, according to the agency’s fiscal year 2025 data. Title VII, the ADA, the ADEA and the FLSA each prohibit it, and a retaliation claim can go forward even when the underlying discrimination claim fails, so every decision after a complaint needs a documented reason.
Wage and Hour Lawsuits and Collective Actions
We defend overtime, minimum wage, misclassification and off-the-clock claims under the Fair Labor Standards Act and unpaid-wage claims under the South Carolina Payment of Wages Act. An FLSA plaintiff can seek unpaid wages, an equal amount as liquidated damages and attorney’s fees, and can sue for other employees in a collective action that each employee joins only by filing written consent with the court. The employer must prove any exemption, but in E.M.D. Sales, Inc. v. Carrera (2025) the Supreme Court held that a preponderance of the evidence is enough, reversing a Fourth Circuit judgment that required clear and convincing evidence. Payment of Wages Act treble damages require that there was no bona fide dispute and that the employer withheld wages unreasonably and in bad faith. See our wage and hour disputes page.
From Charge to Courtroom
Title VII, ADA and ADEA claims start with an EEOC charge, due in South Carolina within 300 days of the challenged act. A South Carolina Human Affairs Law claim needs a charge with the South Carolina Human Affairs Commission within 180 days; a later filing can preserve only the federal claims. Our guide to responding to an EEOC charge explains that stage. Contract and wage claims need no charge. A lawsuit then moves through these stages:
- Forum. Federal claims are heard in the U.S. District Court for the District of South Carolina or in state court; state-law claims are generally filed in the circuit court (the Court of Common Pleas).
- Pleadings and discovery. The complaint and answer frame the claims; discovery covers documents, electronic records and depositions.
- Summary judgment. The court decides whether a genuine dispute of material fact requires a trial.
- Mediation. South Carolina’s circuit court rules make civil actions, with limited exceptions, subject to court-ordered mediation, and the federal court’s local rules set out their own mediation process.
- Trial. Before a judge or a jury.
Wrongful Termination Defense in South Carolina
The At-Will Rule and Its Exceptions
South Carolina presumes employment is at will: absent a specific contract of employment, either party may end it at any time, for any reason or for no reason at all (Barron v. Labor Finders of South Carolina (2011); Hall v. UBS Financial Services, Inc. (2021)). The exceptions are narrow:
- Public policy. Under Ludwick v. This Minute of Carolina, Inc. (1985), a discharge in violation of a clear mandate of public policy is actionable. It clearly applies where the employer required the employee to violate the law or where the reason for the discharge was itself a violation of criminal law; the South Carolina Supreme Court has said the exception is not limited to those situations but has specifically recognized no others (Taghivand v. Rite Aid Corp. (2015)). It does not extend to cases where the employee has an existing statutory remedy for the discharge (Barron).
- Contract and handbook. A specific contract of employment, or handbook procedures that limit discharge, can alter at-will status. Under S.C. Code § 41-1-110, a handbook issued after June 30, 2004 creates no contract if conspicuously disclaimed: the disclaimer must be in underlined capital letters on the first page and signed by the employee.
- Statute. A discharge for a reason a statute forbids, such as discrimination or retaliation, filing a workers’ compensation claim in good faith (S.C. Code § 41-1-80), or complying with a subpoena or serving on a jury (§ 41-1-70).
Our article on at-will employment in South Carolina covers each exception in depth.
What a Wrongful-Termination Claim Must Show
Each theory has its own elements, and each gives the employer a defense to test:
- A public-policy claim must identify a clear mandate of public policy the discharge violated; what counts as public policy is a question of law for the court.
- A contract claim must show an enforceable promise that limited discharge, and a breach. For a handbook issued after June 30, 2004, a disclaimer that meets § 41-1-110 means the handbook creates no contract.
- A § 41-1-80 claim must show a good-faith workers’ compensation proceeding and a discharge or demotion because of it; the employee carries the burden of proof and must sue within one year.
- A Title VII, ADA, ADEA or Human Affairs Law claim goes through the charge process first, and the employer’s stated reason for the decision is tested against any evidence that it was a pretext.
The Employer’s Documentation Defense
The defense rests on the record made before the dispute began: the policy, the warnings, the evaluations and a decision explained when it was made. Section 41-1-80 lists affirmative defenses, including willful or habitual tardiness or absence, failure to meet established work standards, and violating a specific written company policy for which the action is a stated remedy. In Sigley v. ND Fairmont LLC (2025), the Fourth Circuit affirmed summary judgment for an employer that discharged an employee for dishonesty, not for an alleged disability. A litigation hold on e-mail, texts and personnel files, once a claim is threatened, preserves that record.
How a Mid-Sized Company Should Evaluate Wage and Hour Litigation Defense Counsel
A company with several locations and exempt and non-exempt staff should ask:
- Does the firm represent only employers? We represent management only, so no employee-side practice pulls against your defense.
- Can it test the claim early? That means the time and pay records, the exemption tests (for white-collar exemptions, salary basis, salary level and duties), the two-year limitations period and the three-year period for willful violations, and the good-faith defense to liquidated damages (29 U.S.C. § 260).
- Does it handle group procedure? Whether employees can proceed together turns on proof; the Fourth Circuit has held that relying solely on overly generalized company policies will typically defeat class certification (Stafford v. Bojangles’ Restaurants, Inc. (2024); Overby v. Anheuser-Busch, LLC (2026)).
- Does it know your industry? We represent employers in retail, manufacturing, health care, insurance, financial institutions and construction.
How a Small Business Should Choose a Workplace Discrimination Defense Attorney
Start with coverage and timing. Title VII and the ADA reach employers with 15 or more employees and the ADEA employers with 20 or more, and the South Carolina Human Affairs Law creates no claim against an employer the matching federal law does not cover (S.C. Code § 1-13-100). When a charge arrives, look for counsel that:
- represents management only;
- handles the charge stage itself, including the position statement and EEOC mediation, since the position statement sets out the employer’s version of the facts;
- defends employment cases in state and federal court in South Carolina; and
- advises on prevention, from handbooks and personnel policies to workplace investigations.
What Drives the Cost of a Wrongful-Termination Lawsuit
We assess these drivers at the start of a defense:
- The forum. Federal and state court run on different rules and calendars.
- The claims pleaded. Each discrimination or retaliation claim added to a contract or public-policy claim adds elements, witnesses and fee exposure: Title VII lets the court award the prevailing party a reasonable attorney’s fee, and the FLSA requires one for a prevailing employee.
- The scope of discovery. The number of decision-makers, comparators, e-mail accounts and phones in play drives the volume of discovery.
- Class or collective status. A claim on behalf of a group multiplies the records, the witnesses and the stakes.
- The stage of resolution. Each later stage, from the charge through discovery, summary judgment and trial, adds work.
State-Wide Defense of Employment Claims
Frequently Asked Questions
Can an employee sue for wrongful termination in South Carolina?
Yes, on narrow grounds. Because South Carolina presumes at-will employment, a claim must fit a recognized exception: a discharge in violation of a clear mandate of public policy, a breach of a contract or handbook that limited discharge, or a statute such as the anti-discrimination laws or S.C. Code § 41-1-80.
How much does it cost to defend a wrongful-termination lawsuit in South Carolina?
There is no single figure. The cost turns on the forum, the claims pleaded, the scope of discovery, whether the case proceeds on behalf of a group, and when it resolves. We assess those drivers at the outset.
What can an employer owe if a wrongful-termination claim succeeds?
It depends on the claim. Section 41-1-80 provides lost wages and reinstatement; § 41-1-70 limits damages for a dismissal to one year’s salary or 52 weeks of wages; Title VII allows back pay and capped compensatory and punitive damages; and a prevailing plaintiff may recover attorney’s fees under Title VII and the FLSA.
Does an employee have to file an EEOC charge before suing for discrimination?
Yes, for claims under Title VII, the ADA and the ADEA; a South Carolina Human Affairs Law claim needs a charge with the South Carolina Human Affairs Commission. Contract, wage and § 41-1-80 claims need no charge. Our guide to EEOC charges for South Carolina employers explains the deadlines.
What is an FLSA collective action?
It is a lawsuit in which employees pursue FLSA wage claims together for themselves and other employees “similarly situated.” Unlike a class action, no employee becomes a party without filing written consent with the court.
Does Bettis Law Group represent employees?
No. We represent management only and do not accept cases on behalf of individuals against their current or former employers. Employees seeking legal advice or representation should contact the South Carolina Bar Lawyer Referral Service.
Contact the South Carolina Employment Litigation Defense Lawyers at Bettis Law Group
If your business has received a charge, a demand letter or a lawsuit, call Bettis Law Group at (803) 799-9311 or request an appointment to speak with one of our lawyers in confidence. We represent employers throughout South Carolina from our office at 3700 Forest Drive, Suite 500, Columbia, SC 29204.
This page is general legal information, not legal advice, and does not create an attorney-client relationship. Federal and South Carolina employment laws change, agencies update their rules, and every situation turns on its specific facts. Consult a licensed South Carolina employment attorney about your business’s situation.