by: Find Great People
Most employees in South Carolina work at will. What this means is that a company doesn’t need “just cause” to terminate an at-will employee, likewise, at-will employees are free to resign at any time, with or without notice.
Employment in South Carolina defaults to the at-will rule unless the employment agreement is modified by a contract that requires a cause to be shown in the event of termination. This is typically done only at higher levels of employment. These requirements can also be found in collective bargaining agreements where unions agree to employment contracts that usually require a cause to be shown for termination.
In South Carolina, you can terminate the employment relationship for any reason provided it is not illegal. This can include reasons related to the employee’s performance -violating company policy, being a poor fit, poor performance, being difficult to work with, etc. It can also include reasons unrelated to the employee’s performance, such as organization’s need to downsize or merge with another company, or its decision to outsource the employee’s job, that makes the employee’s job redundant.
Additionally, employees have no obligation to provide any notice prior to their resignation nor are they obligated to help transition their work to the replacement employee.
If an employee has a contract and can be fired only for good cause, you can still end the employment relationship. However, you must have a legitimate, business-related reason to fire the employee—and you should be prepared to prove it in court.
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