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Dwayne B.
Dwayne B., Lawyer
Category: Employment Law
Satisfied Customers: 32154
Experience:  Employment Law Expert
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My friend was forced to resign- she worked south carolina

Customer Question

My friend was forced to resign- she worked for the south carolina department of corrections. She's had a history of harassment by management
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: South Carolina
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: She had to take leave on several occasions for PSTD
Submitted: 3 months ago.
Category: Employment Law
Expert:  Dwayne B. replied 3 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Is there a specific question with which I could assist?

Customer: replied 3 months ago. I stated my friend was forced to resign her position with the South Carolina Department of Corrections. She has worked for the agency for over 17 years. She has had a history of ongoing harassment and had to take leave for PSTD
Expert:  Dwayne B. replied 3 months ago.

I understand the facts, what question can I assist with?

Customer: replied 3 months ago.
Does she have a any kind of legal claim?
Expert:  Dwayne B. replied 3 months ago.

She could potentially have a workers comp claim or a disability claim based on the PTSD.

As far as the harassment, it would depend on what kind of harassment. There is no law saying that people can't be harassed in general. There are certain types of harassment that are illegal, such as harassment based on race, age, gender, etc. so if she is being harassed by an employer based on one of those then she could potentially have a claim but she would first have to file a charge of discrimination with the EEOC and there is a limited amount of time to do that, as short as 180 days in some situations. However, if she doesn't file the charge of discrimination then she isn't allowed to file a lawsuit based on the harassment because she will have "failed to exhaust all administrative remedies".

Those are the only types of claims that are evidence from the facts you gave. Other facts could lead to other potential claims.

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