One of the most important components of the employment relationship is the benefits package an employer is able to offer its employees. Employee benefits have to make business sense for the employer because there’s always a...more
2/2/2017
/ Appeals ,
Burden of Proof ,
Denial of Benefits ,
Disability Benefits ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Evidence ,
Long Term Disability Insurance ,
Medical Examinations ,
Permanent Disability ,
Plan Documents ,
Standard of Review ,
Third-Party Service Provider
In a relatively recent decision, the U.S. Court of Appeals for the 4th Circuit (whose rulings apply to all South Carolina employers) found that an employer's faulty notice to an employee about his rights under the Family and...more
As our various courts decide cases, we watch to see if there are any trends that seem to be developing or whether a case signals that the courts are beginning to change how they view a particular issue or type of case. We've...more
11/9/2016
/ Appeals ,
Breach of Contract ,
Breach of Duty ,
Civil Conspiracy ,
Conflicts of Interest ,
Corporate Executives ,
Damages ,
Duty of Loyalty ,
Failure to Object ,
Fiduciary Duty ,
Gross Negligence ,
Judgment Notwithstanding the Verdict (JNOV) ,
Jury Verdicts ,
Lack of Evidence ,
Negligent Misrepresentation ,
Non-Solicitation Agreements ,
Partnership Agreements ,
Preliminary Injunctions ,
Punitive Damages ,
Remand ,
Reversal ,
SC Supreme Court
Faced with the rising costs of doing business in our increasingly litigious society, today's employers are looking at any way to manage fees and costs associated with resolving disputes over employment decisions. Some of the...more
10/13/2016
/ Arbitration ,
Arbitration Agreements ,
Binding Arbitration ,
Breach of Contract ,
Breach of Implied Contract ,
Contaminated Properties ,
Environmental Assessments ,
Fraud ,
Handbooks ,
Hazardous Substances ,
Housing Developers ,
Implied Warranties ,
Land Developers ,
Litigation Strategies ,
Mandatory Arbitration Clauses ,
Motion to Compel ,
Negligence ,
Negligent Misrepresentation ,
Purchase Agreement ,
Residential Real Estate Market ,
Terms and Conditions ,
Unfair or Deceptive Trade Practices ,
Warranties
The weekend of June 11, 2016, saw another act of violence committed against innocent and unsuspecting people as they gathered together, an occurrence that has become all too frequent in today's world. While the latest attack...more
Today’s current events are rife with bad news. The despicable and senseless murders at Emanuel AME Church in Charleston, South Carolina, do not end at the doors of this historical house of worship. The event, however, does...more
The South Carolina Employment Law Letter normally analyzes newly issued cases in its lead article, but we take a moment to address a “hot button” issue that is impacting many states, including South Carolina. There has been a...more
As the make-up of the workforce in the United States is evolving with part-time workers, use of third-party management companies, staffing agencies, labor providers, temporaries, or independent contractors to cover both...more