South Carolina At-Will Disclaimer

Ileen Grange · March 2005

In the summer of 2004, the S.C. legislature passed a law regarding the at-will nature of employment in the State. The law included specifics regarding the placement of the disclaimer, the wording, capitalization, bold print, and where to place the acknowledgment and employee signature lines.

Does anybody know the specifics of the law or what the identification numbers/title of the law is so that I can refer to it in updating my current employee handbook?

Thanks for any help. Ileen

hrwoman · March 2005

This might help you.
The SC Legislature has enacted a law which provides that a "handbook, policy, procedure, or other document issued by an employer or its agent after June 30, 2004, shall not create an express or implied contract of employment if is conspicuously disclaimed." The disclaimer will be considered conspicuous if it is underlined in capital letters on the first page of the document and signed by the employee.

To take advantage of the new legislation, we must reissue all employee handbook, hr policies and similar documents on July 1, 2004.

Ileen Grange · March 2005

Thanks for the quote from the law. Of course, I understand there is some ambiguity about what constitutes the "first page." The cover? The back of the cover? The front of what most of us consider the "first page"? I've heard that number that as Page 1 should suffice. Let me know if I interpret incorrectly.

Thanks again, and Happy Easter.

Ileen Grange

Don D · March 2005

The first page of a book, including an employee handbook, is the page next following the cover of the book, whether or not it is numbered. Page 1 of a book typically responds to an index of page numbers and is not necessarily, and in fact is rarely, the first page of a book. If I hold a book up and you have a copy of it in your hand and I ask you to turn to 'the first page', and then I ask you to turn to 'page one', you would be turning to two entirely different pages in all probability.

I would interpret it, and suggest, that the statement and signature should be on the page following the cover of the book since the cover is not a page, rather it is the cover. And I don't think it would be a numbered page, since numbered pages only follow the index and the index, in this case will follow the signed disclaimer sheet.

Ileen Grange · March 2005

The trouble with our profession is the litigious nature of this country. A lawyer can make common sense interpretations something totally different in a court of law. They will split hairs to show that their client was "confused," and then they confuse a jury to the point of distraction.

Thanks for your comments. Happy Easter to those who celebrate it--otherwise, Happy Spring!!

Ileen

Don D · March 2005

"The trouble with our profession is the litigious nature of this country."

...Which, on the other hand, may be the REASON for our profession.

Happy Easter to you as well. Good luck with the egg hunt for those of you who are still young enough to do it. I am.

Sue2 · March 2005

I agree with Don on the interpretation of page 1.

Rockie · March 2005

When I re-issued our handbook back in July, I had employees sign a copy of the disclaimer page and also attached a copy of the cover of the employee handbook which also has the same disclaimer displayed in the manner spelled out by our illustrious legislature. These are kept in the personnel files.

Ileen Grange · March 2005

Rockie,

It's "the manner spelled out by our illustrious legislature" that I'm after. Do you have the law's identification numbers so that I can download it to get the specific wording?

Thanks for your help. Ileen

lnelson · March 2005

Ileen -
We put a disclaimer about At Will on our Acknowledgement of Receipt of the Employee Handbook which is signed by ee and again in the handbook within the first pages.

AnneHa · March 2005

I asked my SC daughter-in-law about this and she sent this link. It may or may not be what you're looking for.

[url]http://www.cagc.org/legal_labor_hr/files/SCGA_employment_atwill_disclaimer.pdf[/url]

Anne in Ohio

Ileen Grange · March 2005

Thanks, Anne. This is exactly what I was looking for!!

Ileen

South Carolina At-Will Disclaimer

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