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If termination is due to a layoff or position elimination covered under the WARN Act, notices need to be sent out 60 days prior to termination.
Employees are sometimes under the impression that two weeks' notice is required by law. Neither federal nor South Carolina law requires that two weeks' notice be given, but both the employer and the employee may be contractually bound by a written policy implemented by the employer.
Theft is viewed by the courts as a serious disciplinary offence and normally justifies dismissal at first instance regardless of the value of the property involved.
Edward Harold of Fisher & Phillips LLP, a national labor-law practice, says that unless a company has conclusive evidence of theft, it should make no direct accusation and not even use words such as "theft" or "stealing." Terminating the employee this way -- rather than firing him for wrongdoing -- may allow the worker
Are termination letters required? Most companies are not required by law to give employees letters of termination. The exceptions are those located in Arizona, California, Illinois and New Jersey. Most employers, however, do provide termination letters as a professional courtesy and a legal record.
The company you stole from could charge you with gross misconduct and has grounds to fire you immediately. Or you could face suspension, without pay, while the company conducts an investigation, in which case you could still be terminated or face a major demotion or transfer.
Wrongful Termination or Discharge in South Carolina Wrongful termination or wrongful discharge can be used as a catch-all label for a scenario where an employer discharges an employee but where the employee was protected in taking the actions that gave rise to the termination.
The termination letter for theft format should be formal and straight to the point and include the date of the offense and the specifics of the offense. Notifying the employee of existing proof will help prevent a legal battle based on wrongful termination charges.
South Carolina is an at-will state, which means that employers can terminate employees at any time, with or without cause and with or without notice. The employee handbook should reinforce that employees are at will.