Wrongful Termination in South Carolina
Reviewed by DocDraft Legal Team - South Carolina - Last updated November 12, 2026
Wrongful termination in South Carolina includes a public-policy claim that South Carolina courts recognize when an employer requires an at-will employee to violate the law, and handbook terms can also create contract rights. Human Affairs Law complaints must be made in writing under oath to the South Carolina Human Affairs Commission within one hundred eighty days after the alleged practice, against employers with 15 or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year. A Human Affairs Law suit, after dismissal or 180 days without Commission action, must be brought within one year from the violation or within 120 days from the charge's dismissal, whichever occurs earlier. Final wages are due within forty-eight hours of separation or by the next regular payday, which may not exceed thirty days.
Find out where you stand in South Carolina
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What counts as wrongful termination in South Carolina?
South Carolina employment is generally at-will, and an employer may fire an at-will employee even for a bad reason without breaching the implied covenant of good faith. But South Carolina courts recognize a public-policy claim when an employer requires the employee to violate the law, and handbook terms can create contract rights.
Where do you file a discrimination complaint in South Carolina, and by when?
Complain in writing under oath to the Human Affairs Commission within 180 days after the practice, if your employer has 15 or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year. EEOC charges (15+ employees, 20+ for age) are due within 300 days from the date of harm.
How long do you have to sue for wrongful termination in South Carolina?
If the Commission dismisses the charge, or has not acted within 180 days of filing, you may sue in circuit court. A Human Affairs Law action must be brought within one year from the date of the violation, or within 120 days from the date the charge is dismissed, whichever occurs earlier (S.C. Code 1-13-90).
When is your final paycheck due after being fired in South Carolina?
When an employer separates an employee from the payroll for any reason, it must pay all wages due within forty-eight hours of the separation or by the next regular payday, which may not exceed thirty days (S.C. Code 41-10-50). If it is late, put your request in writing and keep a copy.
South Carolina wrongful termination rules
South Carolina runs on short, earlier-of deadlines. Human Affairs Law complaints must be made in writing under oath to the Commission within one hundred eighty days after the alleged practice, and the law covers employers with 15 or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year. If the Commission dismisses the charge or has not acted within 180 days, a court action must be brought within one year from the violation or 120 days from dismissal, whichever occurs earlier. South Carolina courts let employers fire at-will employees even for a bad reason without breaching the implied covenant of good faith, but recognize a public-policy claim when an employer requires an employee to violate the law, and handbook terms can create contract rights. Final wages are due within forty-eight hours of separation or by the next regular payday, which may not exceed thirty days.
Relevant Laws
S.C. Code 1-13-90 (complaints and suits)
For employers of 15 or more, complaints are due within one hundred eighty days after the practice; a Human Affairs Law suit follows within one year from the violation or 120 days after dismissal, whichever is earlier.
S.C. Code 41-10-50 (final wages)
Wages are due within forty-eight hours of separation or by the next regular payday, not more than thirty days.
S.C. Code 41-15-520 (safety retaliation complaints)
A complaint may be filed with the Director within thirty days after the violation.
EEOC Greenville timeliness
The EEOC gives 300 days from the date of harm for employers with 15 or more employees (20 or more for age) in South Carolina.
Regional Variances
South Carolina wrongful termination rules
At-will status
At-will; the employer may fire even for a bad reason without breaching the implied covenant.
Recognized exceptions
A public-policy claim when the employer requires the employee to violate the law, handbook contract rights, and statutory claims.
State agency and law
South Carolina Human Affairs Commission; Human Affairs Law, S.C. Code 1-13-10 and following.
Agency filing deadline
Within one hundred eighty days after the practice, in writing under oath (S.C. Code 1-13-90).
EEOC charge deadline
300 days from the date of harm (EEOC Greenville and Charlotte offices), for employers with 15 or more employees, or 20 or more for age.
Employer size covered
15 or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year (S.C. Code 1-13-30).
Whistleblower and retaliation law
S.C. Code 41-15-510 and 41-15-520 (safety complaint within thirty days); 41-1-80 (workers' compensation).
Deadline to sue
Human Affairs Law suit (after dismissal or 180 days without Commission action): within one year from the violation or 120 days from dismissal, whichever occurs earlier (S.C. Code 1-13-90).
Final paycheck
Within forty-eight hours of separation or the next regular payday, which may not exceed thirty days (S.C. Code 41-10-50).
Suggested Compliance Checklist
Request your final pay in writing
48 hours or next payday (max 30 days) days after startingSouth Carolina requires wages within forty-eight hours of separation or by the next regular payday, not more than thirty days. If they are late, send a written request.
Save records and write a timeline
Within days of the firing days after startingKeep the termination notice, messages, pay stubs and a dated timeline, with witness names.
File a sworn complaint with SCHAC
180 days (state); 300 days (EEOC) days after startingFor employers of 15 or more, complain in writing under oath within 180 days after the practice. An EEOC charge (15 or more employees, 20 or more for age) is due within 300 days.
Calendar the one-year and 120-day limits
Earlier of 1 year or 120 days days after startingAfter dismissal or 180 days without Commission action, bring a Human Affairs Law suit within one year from the violation or 120 days from dismissal, whichever occurs earlier.
Send a demand letter or review a settlement
Before signing any release days after startingA demand letter sets out your claim and what you want. Review any settlement agreement before signing; attorney review is available.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Request your final pay in writing | South Carolina requires wages within forty-eight hours of separation or by the next regular payday, not more than thirty days. If they are late, send a written request. | final-paycheck-demand-letter | 48 hours or next payday (max 30 days) |
| Save records and write a timeline | Keep the termination notice, messages, pay stubs and a dated timeline, with witness names. | - | Within days of the firing |
| File a sworn complaint with SCHAC | For employers of 15 or more, complain in writing under oath within 180 days after the practice. An EEOC charge (15 or more employees, 20 or more for age) is due within 300 days. | - | 180 days (state); 300 days (EEOC) |
| Calendar the one-year and 120-day limits | After dismissal or 180 days without Commission action, bring a Human Affairs Law suit within one year from the violation or 120 days from dismissal, whichever occurs earlier. | - | Earlier of 1 year or 120 days |
| Send a demand letter or review a settlement | A demand letter sets out your claim and what you want. Review any settlement agreement before signing; attorney review is available. | demand-letter | Before signing any release |
Frequently Asked Questions
Other South Carolina guides
Adult Guardianship in South Carolina
Adverse Possession in South Carolina: Ten Years Against a Presumption
Asset Protection Planning in South Carolina (2026)
Dealing With Debt Collectors in South Carolina (2026)
Delinquent Property Taxes in South Carolina: A Twelve Month Clock That Steps Up Four Times
Expunging a Criminal Record in South Carolina (2026)
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