South Carolina Code of Laws
Chapter 1 - General Provisions
Section 41-1-30. Terminating authorized worker and replacing with unauthorized alien; wrongful termination action by discharged employee.

(A) There is a civil right of action for wrongful termination against an employer who discharges an employee authorized to work in the United States for the purpose of replacing that employee with a person the employer knows or should reasonably know is an unauthorized alien.
(B) An aggrieved employee must show all of the following:
(a) the replacement occurred within sixty days of the date of the employee's termination;
(b) the replacement worker was an unauthorized alien at the time of the replacement;
(c) the employer knew or reasonably should have known of the replacement worker's status; and
(d) the replacement worker filled duties and responsibilities the employee vacated.
(C) This section does not create an employment contract for either a public or private employer.
(D) An employee who brings a civil suit pursuant to this section is limited to the following recovery:
(1) reinstatement to his former position;
(2) actual damages; and
(3) lost wages.
(E) A cause of action does not arise against an employer who submits the necessary identifying information for all employees through the Systematic Alien Verification of Entitlement (SAVE) program, the E-Verify Program or a successor program used for verification of work authorization and operated by the United States Department of Homeland Security.
(F) Any cause of action arising pursuant to this section is equitable in nature and must be brought within one year of the date of the alleged violation.
(G) For any action brought pursuant to this section, the court may award attorney fees to the prevailing party.
(H) The provisions of this section do not apply to a private employer who terminates an employee to comply with the provisions of Chapter 8 of Title 41.
(I) This section takes effect ninety days after the effective date of the act.
HISTORY: 2008 Act No. 280, Section 12, eff 90 days after effective date of act (approved June 4, 2008).

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 41 - Labor and Employment

Chapter 1 - General Provisions

Section 41-1-10. Employers shall post certain labor laws.

Section 41-1-15. Establishment of drug prevention program in workplace; confidentiality of information concerning test results.

Section 41-1-20. Unlawful discrimination against union members.

Section 41-1-25. Employee benefits, establishment by political subdivisions prohibited; definitions.

Section 41-1-30. Terminating authorized worker and replacing with unauthorized alien; wrongful termination action by discharged employee.

Section 41-1-40, 41-1-50. Repealed by 2010 Act No. 137, Section 8, eff March 31, 2010.

Section 41-1-60. Certain transactions between carriers or shippers and labor organizations prohibited; penalties.

Section 41-1-65. Employers granted immunity from liability for disclosure of information.

Section 41-1-70. Liability of employer for dismissal or demotion of employee who complies with subpoena or serves on jury.

Section 41-1-80. Prohibition against retaliation based upon employee's institution of, or participation in, proceedings under Workers' Compensation Law; civil actions.

Section 41-1-85. Personnel action based on use of tobacco products outside of workplace prohibited.

Section 41-1-90. Requirement of notice that completion of training program does not guarantee employment.

Section 41-1-100. Form of notice required by Section 41-1-90.

Section 41-1-110. Conspicuous disclaimer of contract of employment created by handbook, personnel manual, or other document issued by employer.

Section 41-1-120. Establishing independent contractor status between nonprofit youth sports organization and coach; written agreement; disclosures.

Section 41-1-130. Break time or meal time for employees to express breast milk; definitions; remedies.