South Carolina Code of Laws
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.

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).

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 Repealed by 2010 Act No. 137, Section 8, eff March 31, 2010.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.