2016 South Carolina Code of Laws
Title 41 - Labor and Employment
CHAPTER 1 - GENERAL PROVISIONS
Section 41-1-70. Liability of employer for dismissal or demotion of employee who complies with subpoena or serves on jury.

SC Code § 41-1-70 (2016) What's This?

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.

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.

HISTORY: 1986 Act No. 320, eff February 20, 1986 and retroactive to January 1, 1984 (approved by the Governor on February 20, 1986).

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