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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 34741
Experience:  16 yrs. of trial experience
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My son was verbally abused and his manager was hitting the

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My son was verbally abused and his manager was hitting the desk while yelling at my son which made him scared for his safety which made him leave and told him that if he walked out that he was toast. Does he have a case?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: South Carolina
JA: Has anything been filed or reported?
Customer: Reporting this to his corporate line Monday This happened last night
JA: Anything else you want the lawyer to know before I connect you?
Customer: I think thats it

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

I am sorry for this dilemma. But not sure I understand your specific question. What do you mean "have a case"...case for what?

What is he trying to accomplish?

Customer: replied 1 month ago.
He walked out and and they fired him
Customer: replied 1 month ago.
Because he felt threatened

Thank you

can you tell me, is he a member of a labor union?

Customer: replied 1 month ago.
No he is not

And what is he looking to accomplish? Workers Compensation?

Sorry...unemployment compensation

Is he attempting to get unemployment compensation?

Customer: replied 1 month ago.
Well he is looking to get his job back first of all he feels like he was being abused by the manager
Customer: replied 1 month ago.
that the manager was threatening his safety

Thanks
I am sorry to be the one to bear bad news...it is unlikely he can force the employer to give a job back. The reason is tied to the law in SC. SC is an "at will" state...In an "at will" employer/employee relationship, either side can end the relationship (the employer can fire the employee or the employee can quit) "at will".

As an "at will" employee your son's options are limited. His employer can fire for a good reason, or no reason at all. The only thing that they can not do is fire for a "bad" reason. A "bad" reason would be if they fired based on race, ethnicity, national origin, religion or gender some other protected class (like if he was a "whistleblower")

Here, if they fired your son because he left when told not to? He would not have grounds to sue.

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that he can sue but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 1 month ago.
Isnt there some kind of ground in regards ***** ***** threatened for his safety?
Customer: replied 1 month ago.
He also closed the door on him to stop him from leaving.

No...not as an at will employee. He will be eligible for unemployment compensation. But what you are describing, there is no basis for a lawsuit. Period. The employer can fire at will if there is no union contract.

Again, I am sorry to be the one to bear bad news

Customer: replied 1 month ago.
Ok that is what we needed to know

Please take the time to rate the answer so I may receive credit for my work

thank you

phil

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